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2006 Supreme(SC) 1051

TARUN CHATTERJEE, A.R.LAKSHMANAN
Narmada Pd. Yadav – Appellant
Versus
State Of M. P. – Respondent


JUDGMENT

Dr. AR. Lakshmanan, J. - Delay condoned.

2. Leave granted.

3. We have heard Mr. A.K. Chitale, learned Senior Counsel for the appellant and Mr. B.S. Banathia, learned counsel for the respondents. We have perused the charge framed against the appellant and the reports submitted by the Inquiry Officer, the orders of the Director General of Police, the M.P. Administrative Tribunal and also of the High Court.

The charge framed against the appellant reads as follows:

"On 25.1.1993 by detaining Shri Ram Singh s/o Deshraj Singh Parthar without any reason and keeping his license, cycle and Rs. 50/- with him and demanding Rs. 1000/- for giving the item back and receiving the money. In this way you have given utmost disrespect towards your duty and by showing corrupt behaviour you have proved yourself not fit for the department."

4. A perusal of the Inquiry Officers report would clearly go to show that no independent witness had been examined to prove the demand and taking money by the appellant in his hand nor is there any evidence of detaining the applicant in a half constructed house. When the matter was taken on appeal before the Director General of Police, he reduced the pe





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