REKHA KUMRE vs STATE OF Madhya Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(MP) 954

G. S. AHLUWALIA
REKHA KUMRE – Appellant
Versus
STATE OF Madhya Pradesh – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Devendra Kumar Dixit.
For the Respondent: Mohan Sausarkar.

ORDER :

1. This petition under Article 226 of the Constitution of India has been filed against the order dated 2-2-2006 passed by Deputy Inspector General of Police, Hoshangabad in File No. MN/HO.Kh./P.A./Bij/5985A/2006 by which the husband of the petitioner was removed from the service.

2. It is the case of the petitioner that husband of the petitioner was earlier posted as A.S.I. at Police Station Jhallar, District Betul. A Departmental Enquiry was initiated against her husband. In the departmental enquiry, no Presenting Officer was appointed and the husband of the petitioner was found guilty for charge leveled against him and accordingly a major penalty of removal from service was imposed. A departmental appeal was filed by the petitioner. However, the husband of the petitioner died. It is submitted that a departmental appeal has not been decided so far.

3. The respondents have filed their return and denied the averments made in the petition.

4. Challenging the order of removal from service, it is submitted by counsel for the petitioner that no Presenting Officer was appointed and in fact the enquiry officer had acted as a Presenting Officer and thus the entire enquiry was vitiated.