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SANJAY DWIVEDI
Sumit Baghel – Appellant
Versus
State of M. P. – Respondent
ORDER
1. Since pleadings are complete and learned counsel for the parties are ready to argue the matter finally, therefore, at their joint request, it is heard finally.
2. By means of this petition filed under Article 226 of the Constitution of India, the petitioners are calling in question the legality, validity and propriety of order dated 2.8.2021 (Annexure-P/1) passed by respondent No.5 whereby the authority invoking the power provided under Article 311(2)(b) of the Constitution of India had dismissed the petitioners from service; order dated 24.9.2021 (Annexure-P/7) passed in the appeal preferred by the petitioners against the order dated 2.8.2021 whereunder the appellate authority affirming the order of petitioners’ dismissal had rejected the appeal and also the order dated 10.5.2021 (Annexure-P/9) whereby the mercy appeal preferred by the petitioners got rejected.
3. The brief facts as to comprehend the disputes are that at the relevant point of time, the petitioners being the constables were posted at Police Station Ayodhya Nagar, Bhopal. On 10.7.2021 at about 09:00 pm, while the petitioners were on patrolling, they found two suspicious boys near gates No.4 and 5 of Minal Res
The central legal point established in the judgment is that the dismissal from service under Article 311(2)(b) without conducting a regular departmental enquiry and without proper justification viola....
The authority must provide objective justifications for the impracticability of holding an inquiry under Article 311(2)(b) and the dismissal of a regular member of the force is a drastic measure that....
The main legal point established in the judgment is that mere registration of a FIR is not a sufficient ground to dispense with holding a regular inquiry before dismissing an employee, and adequate r....
Disciplinary action under Article 311(2)(b) must be supported by robust evidence; reliance on mere presumptions about witness intimidation without conducting an inquiry contravenes natural justice pr....
(1) Dismissal from service without conducting departmental inquiry – It is duty of disciplinary authority to record satisfaction how and in what manner holding an enquiry is not reasonably practicabl....
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