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2005 Supreme(MP) 782

A.K.SHRIVASTAVA
Kakandhar Patel – Appellant
Versus
State of M. P. – Respondent


Advocates:
Manish Soni for petitioner; Ashok Agrawal Government Advocate for State.

JUDGMENT

This petition was originally filed before the State Administrative Tribunal at Jabalpur on 10. 10.2000. However, on account of abolition of the Tribunal, this petition has been received by this Court for its adjudication,

By this petition, the petitioners are challenging their order of removal dated 23.9.1999 (Annexure P/9) passed by respondent No.3 which was affirmed by the Departmental Appellate Authority vide order dated 31.7.2000 (Annexure A/10).

It has been vehemently argued by Shri Manish Soni, learned counsel for the petitioners that without entering into the controversy of the validity of the departmental enquiry, since, the punishment awarded is in excessive and shockingly disproportionate, therefore, this Court while exercising jurisdiction conferred on it under Article 226 of the Constitution of India may judicially review the order and pass suitable order. The factual matrix giving rise to this petition is that at the relevant point of time deceased petitioner No. 1 was serving on the post of Head Constable and petitioner No.2 was serving on the post of Constable in the Police Department. These two persons along with three other constables were carr





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