Judgment :-

H.L. Dattu, J.

Leave granted.

1) This appeal is directed against the judgment and order passed by the High Court of Judicature at Jabalpur in Writ Appeal No. 693 of 2006 dated 22.11.2006. By the impugned judgment, the Division Bench dismissed the writ appeal, stating that the punishment of removal from service of the appellant cannot on the facts and circumstances of the case shocks the conscience of the Court.

2) The facts leading to this Special Leave Petition are: the appellant was appointed as a Constable in the service of M.P. Police on 1.11.1967 and was subsequently promoted to the post of Head Constable. On the relevant date i.e. 25.9.1991 while discharging his duties as Incharge, Outpost, Kolar Dam, Birpur appellant apprehended one Laxmi Narain, Dozer Operator of Kolar Dam and registered a complaint against him under Section 13 of the Lunacy Act. In the complaint filed, appellant had stated that Laxmi Narain in an insane state of mind assaulted him and caused injuries. On the other hand, son of Laxmi Narain filed a complaint and requested the authorities to conduct inquiry against the appellant. Inquiry was conducted and consequent thereto, a charge sheet was iss