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RAVI MALIMATH, VISHAL MISHRA
State of Madhya Pradesh – Appellant
Versus
Ram Bhagwan Pathak – Respondent
ORDER
Malimath, J. -- 1. I.A. No.8256 of 2022 is an application for vacating the interim order dated 5.5.2022. In terms whereof, the impugned order passed by the learned Single Judge was stayed. However, on request of learned counsels, the matter is taken up for final disposal.
2. Assailing the order dated 2.3.2022 passed by the learned Single Judge in allowing the W. P. No.1890 of 2022, the State and its functionaries are in appeal.
3. The case of the writ petitioner is that he was working as an Assistant Sub-Inspector and posted with the 26th Battalion SAF, Guna. A complaint was made by one Smt. Sunita Sharma to the Commandant to the effect that she was a divorcee and the petitioner after marrying her at a temple had established physical relationship with her. The same lasted for almost 8 years. The petitioner was not discharging his obligations towards her. Based on the complaint, a preliminary enquiry was conducted by the Deputy Commandant. The complaint was found to be false. A similar complaint was also made to the Superintendent of Police who conducted an enquiry through the City Superintendent of Police. The report submitted on 5.11.2019, held the petitioner guilty of sendin
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The court established that adherence to procedural requirements in disciplinary actions, as outlined in the relevant rules, is essential for the validity of imposed penalties against police officers.
The accused should be provided with relevant statements and given an opportunity to cross-examine witnesses in disciplinary proceedings. The lack of evidence supporting a disciplinary decision may ne....
Disciplinary termination without jurisdiction violates natural justice; customary divorce acknowledged, rendering bigamy charges invalid under personal law.
A member of the Central Industrial Security Force (CISF) cannot be punished for misconduct unless the same is enumerated in the CISF Rules or the Act. The disciplinary authority must hold a regular e....
Power of judicial review is meant to ensure that the individual receives fair treatment and not to ensure that the conclusion which the authority reaches is necessarily correct in eyes of law.
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