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2023 Supreme(SC) 504

KRISHNA MURARI, AHSANUDDIN AMANULLAH
Sanjay Dubey – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Siddhartha Dave, Sr. Adv. Mr. Awanish Kumar, Adv. Mr. Siddharth Kumar Sharma, Adv. Mr. S.k. Pandey, Adv. Mr. Chandrashekhar A.chakalabbi, Adv. Mr. Anshul Rai, Adv. For M/S. Dharmaprabhas Law Associates, AOR
For the Respondent(s): Mrinal Gopal Elker, AOR

JUDGMENT :

Ahsanuddin Amanullah, J.

1. Heard learned senior counsel/counsel for the parties.

2. Leave granted.

3. The present appeal is directed against the Judgment and Order dated 21.09.2022 (hereinafter referred to as the “Impugned Judgment”) rendered by a learned Single Bench of the High Court of Madhya Pradesh at Jabalpur (hereinafter referred to as the “High Court”) in MCRC No. 43998 of 2022, in which a finding, albeit prima facie, of being guilty of dereliction of duty against the appellant has been recorded. Further, it was observed in the Impugned Judgment that the appellant is not fit to be assigned any important responsibility in the Police Department and is unfit to hold any responsible post. It has further been noted that the Superintendent of Police, Katni had already line-attached the appellant and was initiating enquiry for imposition of major penalty, for which he would get conducted a preliminary enquiry by the Additional Superintendent of Police and forward the report to the Disciplinary Authority for imposition of a major penalty.

4. The Impugned Judgment also records a ‘direction’ issued to take appropriate action against the appellant for dereliction of duty, insub

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