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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
ASHISH SHROTI
Kuldeep Singh Tomar – Appellant
Versus
State Of M.P. – Respondent
ORDER :
Ashish Shroti, J.
The petitioner has invoked Article 226 of the Constitution of India challenging the order, dated 02.06.2022 (Annexure P/1), whereby he has been dismissed from service exercising powers under Article 311(2) of Constitution of Indian and regulation 221 of M.P. Police Regulations.
2. The facts necessary for decision of this case are that the petitioner was appointed as Constable (GD) vide order, dated 31.05.2018 (Annexure P/2) and at the relevant time, he was posted at Police Line, Gwalior. The appointment of the petitioner was on probation for a period of two years. It is not in dispute that even though the initial probation period of two years is over, the order of confirmation has not yet been passed by the respondents.
3. On 29.04.2022, one Smt. Ravita Vanshkar lodged an FIR against the petitioner for offence punishable under Sections 376 of IPC & Section 3(2)(v), 3(1)(w)(i) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Consequently, vide order, dated 02.05.2022, (Annexure P/6) the petitioner was placed under suspension. A preliminary enquiry was thereafter conducted by City Superintendent of Police Murar, Gwalior.
4.
Where the form of the order is merely a camouflage for an order of dismissal for misconduct it is always open to the Court before which the order is challenged to go behind the form and ascertain the....
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....
Dismissal without inquiry violates natural justice and requires satisfactory justification under CISF Rules and Article 311 of the Constitution.
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....
Dismissal from service matter - Rule 23 of Rules of 1991 clearly indicate that provisions of Revision are not mandatory in nature and are clearly at discretion of Officer whose appeal has been reject....
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