Doctrine of equality.

Judgment :-

K.S. Radhakrishnan, J.

1. Leave granted.

2. Appellant, a Police Constable, while he was working in the police station Rahatgarh, District Sagar along with A.S.I. Lakhan Tiwari and Head Constable Jagdish Prasad Tiwari stated to have received an amount of Rs.3,000 for not implicating certain persons involved in Crime No. 4 of 2002 charged under Sections 341, 294, 323, 506(B), 34 IPC. A complaint to that effect was filed by one Kundan Rajak, a resident of Village Sothia, PS Rahatgarh. Acting on that complaint, the appellant was charge-sheeted, along with two others, vide proceedings dated 6.5.2002 by the Superintendant of Police, Sagar. The following are the charges leveled against the appellant:

1) He demonstrated gross negligence and lack of interest in discharge of his duty by not implicating all the persons involved in the crime.

2) He demonstrated misconduct by accepting Rs.3,000 from the complainant Kundan Rajak for lodging a report in the police station.

3. Appellant filed a detailed reply to the charge-sheet by his letter dated NIL and denied all the allegations.

4. A detailed inquiry was conducted through the Additional Superintendant of Police, Sagar against the appellant and other two persons – A.S.I. Lakhan Tiwari and H.C. Jagdish Prasad Yadav. During the course of the inquiry, the charge against Lakhan Tiwari was found not proved, but his role was found to be doubtful. So far as appellant Rajendra Prasad Yadav is concerned, it was held that one of the charges could not be proved for want of evidence. The inquiry report dated 8.9.2004, so far as the appellant is concerned, states as follows:

“Against the delinquent No. 2, H.C. 1104 Rajendra Prasad, one of the charges imputed could not be proved for want of evidence. During the course of departmental inquiry, the inquiry has noted that the charge No. 2 was also not proved from the statement of prosecution witness and documents of the prosecution but one cannot deny the participation of the delinquent and his tacit approval.”

5. The Superintendant of Police, Sagar, however, vide his proceedings dated 26.3.2004, disagreed with the remarks of the Inquiry Officer and held that the charge No. 2 as against the appellant was found to be proved. Consequently, a supplementary charge-sheet was also given to the appellant. Later, a final order was passed by the Deputy Inspector General of Police, Sagar stating as follows:

“With respect to the delinquent HC No. 1104 Rajendra Yadav, the Inquiry Officer has stated vide his said letter that the delinquent HC was present in the police station during the report of the Crime No. 4/02. As per the evidence, the money was demanded by Ct. Arjun Pathak. The report has been recorded by HC 1104 Rajendra Yadav whereas Rs.3,000/- was paid to Const. Arjun Pathak. Therefore, with regard to receiving money, the participation of HC Rajendra Yadav and his tacit approval are proved with respect to the charge No. 2. At the same time, he could not exercise his control over his subordinate. The money was demanded by Arjun Pathak and upon receipt of the money by Arjun Pathak, HC 1104 Rajendra Yadav lodged the report. Therefore, I am in disagreement with the view of the Inquiry Officer given in the inquiry report of the department inquiry that the charge is not proved against the delinquent HC Rajendra Prasad Yadav. As per the remark of the Inquiry Officer, the above mentioned charge No. 2 imputed against HC No. 1104 Rajendra Prasad is found to be proved.”

6. On the basis of the above finding, Lakhan Tiwari was demoted for three years from the post of A.S.I. to Head Constable. But the appellant and Jagdish Prasad Tiwari were dismissed from service.

7. Aggrieved by the same, appellant preferred an appeal before the Inspector General of Police (appellate authority), who dismissed the appeal vide his order dated 9.12.2004.

8. Appellant then filed a Writ Petition No. 10696 of 2007 before the High Court of Madhya Pradesh, Jabalpur Bench, which was dismissed by t