IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ASHISH SHROTI WRIT PETITION No.11808 OF 2021 SULTAN SINGH NAGAR Versus STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri M.P.S. Raghuvanshi- learned Senior counsel with Shri Jagjeet Kumar Das - learned counsel for the petitioner.

Shri B.M. Patel - learned Government Advocate for the respondents/State.

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Reserved on : 14/01/2026 Delivered on : 27/01/2026 -------------------------------------------------------------------------------------

ORDER

1. The petitioner has filed this petition challenging order dated 23/07/2019 (Annexure-P/3) passed by respondent no.2/Deputy Inspector General of Police, Gwalior, whereby the punishment of dismissal from service has been imposed on him on account of certain misconduct found proved in the departmental enquiry. He has also challenged order dated 01/11/2019 and 11/05/2021, whereby his appeal and mercy appeal have been dismissed by the Appellate Authority.

2. The facts necessary for decision of this case are that the petitioner at the relevant time was posted as Assistant Sub-Inspector at Police Station-

Raghogarh, District- Guna (M.P.). It was alleged against him that during the intervening night of 07-08/05/2011, he alongwith co-delinquent-Ashok Kumar Sharma and Jeetu Nagpal and Balveer Singh Rana de-boarded the complainant- Babu Singh from Rajdhani Express at Kota Railway Station and abducted him and thereafter, looted about 4072.700 gm gold from him.

3. On the complaint of Babu Singh, a criminal case in this regard was registered by GRP Kota (Rajasthan) for the offence punishable under Sections 365, 392, 34 of IPC. It be noted here that the petitioner, co-accused- Ashok Kumar Sharma and two others were prosecuted for the said offence and they have been acquitted in the criminal case by the judgment dated 30/06/2016 passed by the Additional Session Judge No.3, Kota in Session Case No.45/2014.

4. A charge-sheet was issued to the petitioner in relation of the aforesaid incident on 03/12/2011 (Annexure-P/4) wherein the following charges were levelled against him:

““1. fnaukd 7-5-2011 dh jk=h dks x'r psfdax M;wVh ls vuqifLFkfr gksdj drZO; ds izfr?kksj ykijokgh iznf'kZr djuk A

2. fnukad 7-5-2011 dks fcuk vuqefr ds vukf/kd`r:i ls 'kkldh;

onhZ ,oa fjokYoj ds dksVk ¼jktLFkku½ tkdj fu;efo:) dk;Z djukA

3. fnukad 7-5-2011 dks gh Xokfy;j ds 'kkfrj vijkf/k;ksa@fuxjkuh cnek'k thrw ukxiky] cyohj flag jk.kk vkfn ds lkFk dksVk jsYos LVs'ku ij jkt/kkuh ,Dlizsl ls Qfj;knh ckcwflag dks mrkjdj mlds ikl ls 4072-700 xzke 995 fe xzke lksuk ywVdj vigj.k ,oa ywV tSlk ?k`f.kr vijk/k ?kfVr dj iqfyl foHkkx dh Nfc /kwfey djuk A

4. Qfj;knh ckcw flag ds lkFk dh x;h ywV ds vijk/k ls vius vkidks cpkus ds fy, Fkkuk jk?kkSx< ds jks lk ua 240] 241 ,oa 245@8 5 2011 ij vlR; ,oa QthZ ,aVªh ntZ dj iqfyl jsX;wys'ku ds iSjk 634 dk mYya?ku djuk A”

5. The petitioner submitted reply to the charge-sheet denying the charges levelled against him. Accordingly, the Additional Superintendent of Police, Guna was appointed as Enquiry Officer. The Presenting Officer was also appointed. The Enquiry Officer conducted the enquiry wherein apart from the documentary evidence, 15 prosecution witnesses were examined and the petitioner also examined 7 witnesses in his defense. Thereafter, the Enquiry Officer submitted his report on 25/10/2018 (Annexure- P/7), whereby the charges were found proved.

6. The Superintendent of Police, Guna issued a show-cause notice to the petitioner on 23/02/2019 whereby copy of enquiry report was forwarded to the petitioner and he was asked to submit his explanation to the findings recorded by the Enquiry Officer. The petitioner submitted his reply wherein he mainly relied upon his acquittal in the criminal case.

7. The Superintendent of Police, Guna thereafter forwarded the matter to respondent no.2 i.e. Deputy Inspector General of Police for necessary action who, thereafter,