Back
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
ANAND SINGH BAHRAWAT
Babulal Deewan – Appellant
Versus
State of M.P. – Respondent
| Table of Content |
|---|
| 1. petitioner's disciplinary history and subsequent orders. (Para 1 , 2) |
| 2. discussion on jurisdiction and mercy petitions. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. court's dismissal of the petition. (Para 12) |
ORDER :
1. This petition, under Article 226 of Constitution of India, has been filed seeking the following relief (s):
"It is therefore most humbly prayed that this petition may kindly be allowed with costs by issuance of Writ, Order or Direction quashing the order Annexure P/1 dated 28.2.2002 and passed by Respondent No.3 S.P. Vidisha and the order of Appellate Authority Annexure P/2 dated 24.10.2002 confirming the order of punishment and the order Annexure P/3 dated 10.9.2007 and the petitioner may kindly be directed to be reinstated back in service with all consequential monetary benefits and the seniority on the post of Head Constable and further the petitioner is entitled for back wages as during this period he has not been gainfully employed anywhere and the petitioner is entitled for further direction to promote the petitioner on the post of ASI for which he had already qualified in the departmental examination and also undergone the requisite training and a
The court upheld the disciplinary authority's power and clarified that outcomes of mercy petitions are not subject to judicial review.
No writ of mandamus lies to compel consideration of a mercy petition absent statutory obligation on authorities.
The court established that failure to serve a show-cause notice constitutes a violation of natural justice, warranting reinstatement of the dismissed employee.
Punishment of dismissal of service should be awarded for gravest act of misconduct.
The importance of natural justice and the right to be heard in employment disputes.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
