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ROHIT ARYA
Rajendra Singh Kushwah – Appellant
Versus
State of M. P. – Respondent
Rohit Arya, J.
1. Petitioner taking exception to the order (Annexure P/1) dated 5/12/2014 passed by the disciplinary Authority-respondent no.4 imposing major penalty of dismissal from service; order dated 22/4/15 (Annexure P/2) passed by the appellate Authority-respondent no.3 substituting the penalty of compulsory retirement for dismissal from service, as well as, to the rejection of mercy appeal by respondent no.2 vide order dated 17/7/15, has filed the instant petition under Articles 226 and 227 of the Constitution of India.
2. Facts necessary for disposal of this petition are in narrow compass.
3. Petitioner, while serving as a Head Constable, on 8/5/2014 was assigned the duty of custody of accused Pradeep Rathore with the assistance of other three constables namely Kanti Raj (Constable No. 37), Naresh Singh (Constable No. 166) and Wasim Akhtar (Constable No. 1890). On the aforesaid day, at about 9 am, accused Pradeep Rathore was taken to J.A. Hospital for admission from Central Jail, Gwalior. The accused had undergone surgical operation on 9/5/14 and thereafter was shifted to General Ward. The petitioner and said three constables continued to be in charge of custody of the
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