Shravan Kumar Balone vs State of Madhya Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(MP) 404

SUJOY PAUL
Shravan Kumar Balone – Appellant
Versus
State of Madhya Pradesh – Respondent

Advocates:
K. S. Wadhwa for petitioner;
Ved Prakash Tiwari, Government Advocate for respondents/State.

ORDER

1. Heard.

2. This petition filed under Article 226 of the Constitution of India takes exception to the order of punishment of compulsorily retirement dated 22/26.5.2018 (Annexure-P/6) which was affirmed by appellate authority vide order dated 9.10.2018 (Annexure-P/8).

3. In short, the relevant facts are that the petitioner while working as Sub Inspector received the charge sheet dated 28.6.2017 wherein it was alleged that on 6.4.2017, the petitioner was on duty and was found to be under the influence of liquor in a liquor shop. 6.4.2017 was the day of ‘Ramnavmi’ and aforesaid conduct of petitioner has tarnished the image of the department. The petitioner has allegedly committed misconduct as per rule 23(d) of M.P. Civil Services (Conduct) Rules, 1965 (Conduct Rules) and Regulations 64(2) and (3) of M.P. Police Regulations (Regulations). The second charge against the petitioner was relating to the past record. It is alleged that petitioner has received 69 minor and 2 major punishments but did not improve his conduct.

4. The petitioner filed his reply on 24.1.2018, denied the charges and stated that on 6.4.2017 he was not on duty. The Disciplinary Authority was not satisfied wi