The importance of providing a fair opportunity of hearing before reaching a decision in disciplinary proceedings.

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 Narvariya @ Baba for extraneous consideration. In the letter, it was also written by the Station In-charge that petitioner also made entries in Roznamchasana on 30-1-2011 regarding proceedings of departure and return (jokuxh vkSj okilh) of Station In-charge wrongly for facilitating release of said person Ramotar Narvariya @ Baba without registering the case. Resultantly, petitioner was suspended by the respondent No. 4/Superintendent of Police, Bhind vide impugned order dated 2-2-2011 and preliminary inquiry was directed to be conducted.

3. Deputy Superintendent of Police, Bhind conducted preliminary inquiry and submitted its report to Superintendent of Police, Bhind on 25-2-2011 (Annexure P/4). Inquiry Officer in the said report came to the conclusion regarding innocence of the petitioner and found that the petitioner did not commit any illegality or irregularity and has not seized any Katta from the possession of the said person Ramotar Narvariya @ Baba. However; in para 4 of the inquiry report, it is mentioned that fact regarding lapse of petitioner while mentioning the proceedings of departure and return (jokuxh vkSj okilh) of Station In-charge - Data Ram Mehoriya in Roznamchasana, thus committed mistake.

4. After receiving the inquiry report, charge-sheet was issued against the petitioner by respondent No. 4 and charge was framed solely in respect of violation of Regulation No. 634 of Madhya Pradesh Police Regulations wherein proceedings of 30-1-2011 regarding departure and return (jokuxh vkSj okilh) of Station House Officer, Police Station-Barohi District Bhind has wrongly been mentioned.

5. In response to issuance of charge-sheet, petitioner filed a detailed reply and contested the charge levelled against him.

6. Chief Superintendent of Police, Bhind was appointed as Inquiry Officer and R.I., Bhind was appointed as Presenting Officer. After statements of different witnesses and the submissions of the parties, Inquiry Officer came to the conclusion that charge has not been proved against the petitioner and he has not committed any illegality while mentioning the proceedings regarding departure and return (jokuxh vkSj okilh) of Station In-charge in Roznamchasana on 30-1-2011, because concerned Station House Officer himself countersigned on the same Roznamchasana and after verifying the entries as per Regulation No. 583 (a) of the Madhya Pradesh Police Regulations. After due verification of entries, concerned Station House Officer - Data Ram Mehoriya countersigned on the said entries, therefore, it indicates that he was satisfied with the said entries, thus, his complaint on subsequent date i.e. 31-1-2011 does not hold grounds.

7. Superintendent of Police, Bhind (respondent No. 4 herein) showed his disagreement with the inquiry report filed as Annexure