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2024 Supreme(Chh) 403

DEEPAK KUMAR TIWARI
Chhatrapal Sahu, S/o. Shri Khilawan Ram Sahu – Appellant
Versus
State of Chhattisgarh, Through – Secretary Department of Home Affairs – Respondent


Advocates Appeared:
For the Petitioner: Shri Sunil Pillai, Adv.
For the Respondents: Shri Atanu Ghosh, Deputy GA.

ORDER :

1. This Petition has been filed by the petitioner assailing the validity and correctness of the order dated 5.10.2011 passed in Mercy Appeal by the Director General of Police, (Annexure-P/1); the appellate order dated 17.5.2010 passed by the DIG, Rajnandgaon and the final order passed by the Disciplinary Authority (Annexure-P/3) dated 13.1.2010 whereby the order of penalty of removal from service passed by the Disciplinary Authority was affirmed. The petitioner has also challenged the enquiry report dated 30th December, 2009 (Annexure-R/1) and has also sought direction to the respondents to reinstate him in service with all consequential benefits.

2. The quintessential facts for adjudication of the controversy in the petition are that during the period 6.2.2009, the petitioner, while posted as a Constable at Police Station Gendatola, District Rajnandgaon, committed certain misconduct. Therefore, on the following allegations, charge sheet was issued against the petitioner:

    “(i) That on 06/02/2009, unauthorisedly the petitioner visited the village Khoratola, where he threatened the applicant Deolal that he will frame the applicant for having illegally kept illegal forest wood.

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