LAWS(MPH)-2019-2-188

DEVENDRA SINGH KADAM Vs. UNION OF INDIA

Decided On February 26, 2019
Devendra Singh Kadam Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard on the question of admission.

(2.) By this writ petition, the petitioner has challenged the punishment order dated 3/1/2006 as modified by appellate order AnnexP-1 passed in 2008.

(3.) The case of petitioner is that he was working as constable and departmental enquiry was initiated against him which resulted into order of penalty dated 3/1/2006 imposing the punishment of reduction in pay by five stages for a period of five years with further stipulation that petitioner will not earn increments during the punishment period and reduction will have effect on the future increments. The appeal preferred by petitioner against this order was partly allowed by appellate authority vide order Annexure P-1 holding that punishment order dated 3/1/2006 will remain operative till 31/7/2008 as petitioner had reached the age of superannuation and retired on 31/7/08. Further case of petitioner is that on the same issue petitioner was prosecuted in special case no. 17/07 for offence under sections 406, 420, 468 (in alternate 406/34, 420/34 and 468/34) of IPC in which he has been acquitted by judgment dated 10 th March 2017. Hence the petitioner is now seeking quashment of order of punishment and appellate order in the departmental enquiry.