Rajendra Prasad Pathak vs State of Madhya Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(MP) 203

ANAND PATHAK
Rajendra Prasad Pathak – Appellant
Versus
State of Madhya Pradesh – Respondent

Advocates:
Arun Katare for petitioner; Ravindra Dixit, Government Advocate for respondents/State.

ORDER

1. The instant petition has been preferred by petitioner under Article 226 of the Constitution seeking following reliefs :--

(i) That, the present petition filed by the petitioner may kindly be allowed.;

(ii) That, the order dated 29.8.2017 Annexure P/1, order dated 27.11.2017 Annexure P/2 and the charge-sheet Annexure P/4 may kindly be directed to be quashed and the respondents No.3 may kindly be directed to regularize the period of absent of the petitioner from 17.7.2016 to 12.9.2016 and pay the difference of salary from that period along with interest at the rate of 12% per annum.

(iii) That, any other just, suitable and proper relief, which this Hon’ble Court deems fit, may also kindly be granted to the petitioner. Cost be also awarded in favour of the petitiner.

2. Precisely stated facts of the case are petitioner was appointed on the post of Police Constable on 25.9.2012 in District Force, Ashoknagar. It appears that because of some medical condition, petitioner remained absent from his duties for the period between 17.7.2016 to 12.9.2016 (total 58 days) unauthorizedly and therefore, a charge-sheet was issued against him with the allegations of carelessness and in