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2008 Supreme(MP) 152

R.S.JHA
Anil Soni – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
A.D.Mishra, G.P.SINGH,

Judgment

( 1. ) THE petitioner has filed this petition being aggrieved by order dated 24-12-1993 by which he has been dismissed from service and order dated 11-3-1994 by which the appeal filed by him against the order of his dismissal has been rejected.

( 2. ) THE facts, necessary for adjudication of this petition, are that the petitioner, who at the relevant time was working as a constable in the Police Department, was initially subjected to an enquiry on a complaint regarding having an illicit relationship with one Shobha. After enquiry, the superintendent of Police, who was the competent authority, imposed a minor punishment of withholding of one annual increment for a period of one year vide order dated 2-2-1993. Subsequently, on the new Superintendent of Police joining the post, the order of minor penalty was cancelled by him vide order dated 21-5-1993 and a fresh charge-sheet, levelling the same charge of having an illicit relationship with Shobha and consequential charges of conduct unbecoming that of a Police officer was served upon him on 28-6-1993. After conducting a full fledged departmental enquiry, the Superintendent of police, vide the impugned order dated 24-12-1993, i















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