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2018 Supreme(MP) 883

SHEEL NAGU
Parmal Singh Tomar – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
D.P. Singh for petitiner; Prakhar Dhengula Government Advocate for respondents/State.

ORDER

1. The writ jurisdiction of this Court under Article 226 of the Constitution of India is invoked to assail the order dated 10.8.2016 (Annexure P-1), by which the Inspector General of Police, Gwalior Zone exercising his revisional powers under Clause 270(4) of the M.P. Police Regulations set aside the penalty of withholding of one increment cumulatively imposed upon the petitioner by order dated 18.7.2016 and instead has inflicted major penalty of compulsory retirement.

2. Learned counsel for petitioner while assailing the aforesaid order has raised various grounds which include perversity of findings as based on evidence which was in admissible on the anvil of preponderance of probability and also that the Inquiry Officer stepped into the shoes of the prosecutor by not only cross-examining the petitioner but also cross-examining the defence witness Dharmendra produced by petitioner in support of his defence.

3. Since, this Court after hearing learned for the rival parties is of the considered view that the ground of the Inquiry Officer being a Judge of his own cause appears to be appealing, this Court refrains from going into the other grounds as it may adversely affect the fu





















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