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ANAND PATHAK
KAMTA PRASAD SHARMA – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
ORDER : – With consent heard finally.
The present petition under Article 226 of the Constitution of India has been preferred by the petitioner against the order dated 30-9-2011 (Annexure P/2) passed by the Superintendent of Police, District Bhind by which petitioner has been punished with stoppage of one annual increment with non-cumulative effect in a departmental proceedings initiated against him. Petitioner is also aggrieved by the order dated 15-6-2012 (Annexure P/1) passed by the Deputy Inspector General of Police, Chambal Range, Morena whereby appeal preferred by the petitioner has also been dismissed.
2. Precisely stated facts of the case are that at the relevant point of time i.e. 31-1-2011, petitioner was working as Assistant Sub-Inspector at Police Station- Barohi, District Bhind and at that time one complaint was made by Sub-Inspector - Data Ram Mehoriya, who happens to be Station In-charge of the Police Station- Barohi, Bhind stating that on 31-1-2011 it has been informed by Head Constable Muneem Singh that petitioner seized one Katta from the possession of one Ramotar Narvariya @ Baba and without taking any action against him, present petitioner released Ramotar Narvar
The importance of providing a fair opportunity of hearing before reaching a decision in disciplinary proceedings.
Disciplinary findings must be based on legally admissible evidence; lack of evidence warrants judicial intervention under Article 226.
Disciplinary proceedings must adhere to principles of natural justice, ensuring proper inquiry and the summoning of all relevant parties.
Point of Law : There is a specific allegation against the co-delinquent that complainant had met such delinquent in Police Station and delinquent employee did not give FIR number in report which he h....
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