NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2077 of 2023

1 - Jitendra Yadav S/o Badriprasad Yadav Aged About 33 Years Posted As Constable (Driver)- 1054, District - Balrampur - Ramanujganj, Chhattisgarh.

... Petitioner(s)

VISHAKHA versus BEOHAR

1 - State Of Chhattisgarh Through - Secretary, Department Of Home/

Digitally signed by VISHAKHA BEOHAR Police, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District : Raipur, Chhattisgarh 2 - The Director General Of Police Chhattisgarh, Atal Nagar, Nava Raipur, District : Raipur, Chhattisgarh 3 - The Inspector General Of Police Surguja Range District Surguja, Chhattisgarh.

4 - The Superintendent Of Police District Balrampur - Ramanujganj, Chhattisgarh.

5 - The S.D.O.P. Kusmi District Balrampur - Ramanujganj, Chhattisgarh.

... Respondents (Cause-title taken from the Case Information System)

----------------------------------------------------------------------------------------------- For Petitioner(s) :- Dr. Prachi Diwan, Advocate appears on behalf of Mr. Rohitashva Singh, Advocate For State :- Mr. Sangharsh Pandey, G.A.

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SB- Hon'ble Shri Justice Amitendra Kishore Prasad

Order on Board

15.01.2026

1. The present petition is directed against the order dated

14.11.2022 passed by the Director General of Police, Chhattisgarh, whereby the “Mercy Petition” filed by the petitioner was rejected and the order passed in the departmental enquiry by the Superintendent of Police, District Balrampur–Ramanujganj dated 08.06.2020 was affirmed, as also the appellate order passed by the Inspector General of Police, Surguja Range, dated 01.09.2020. The petitioner is challenging all the aforesaid orders dated 14.11.2022, 01.09.2020, and 08.06.2020, by which the respondent authorities imposed punishment upon the petitioner by deducting an amount equivalent to one salary increment from his pay. The petitioner is further challenging the departmental enquiry as well as the findings/observations recorded by the Enquiry Officer, which were not properly considered by the competent authorities and are illegal, arbitrary, and bad in law. Hence, the present petition.

2. By way of this petition, the petitioner has prayed for following reliefs:-

“a. This Hon'ble Court may kindly be pleased to call for the entire records pertaining to the petitioner demand.

b. This Hon'ble Court may kindly be pleased to issue appropriate writ commanding the respondent authorities to start the family pension of the petitioner in accordance with law. c. This Hon'ble court may kindly be pleased to quash the order dated 25.03.2022 (Annexure P-

1) issued by the respondent authority.

d. Any other relief as the Hon'ble Court may be deemed fit and proper with cost of petition.”

3. Facts of the case are that the petitioner is a Constable (Driver)

No.1054 posted at Police Station Samaripath, District Balrampur– Ramanujganj (C.G.), who has been rendering his services sincerely and diligently. A departmental enquiry was initiated against the petitioner by issuance of a charge-sheet alleging misconduct of abusing Assistant Constable No.05 Dashrath Yadav, assaulting him, and pushing his wife, alleged to be in violation of Clauses (4) and (11) of Para 64 of the Police Regulations. The Enquiry Officer, without properly appreciating the facts, evidence, and defence of the petitioner, erroneously held the charges to be proved. Against the enquiry report, the petitioner submitted a detailed representation dated 03.06.2020; however, the Superintendent of Police, District Balrampur–Ramanujganj, without considering the representation and material on record, passed the impugned order dated 08.06.2020 imposing the punishment of deduction of an amount equivalent to one salary increment. The statutory appeal preferred by the petitioner before the Inspector General of Police was rejected vide order dated 01.09.2020, and the Mercy Petition filed before the Director General