IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ASHISH SHROTI WRIT PETITION No. 34579 OF 2024 KAPIL KOTIYA Versus STATE OF MP AND OTHERS ------------------------------------------------------------------------------------------

Appearance:

Shri Nirmal Sharma and Shri K.K.Sharma- Advocates for the petitioner.

Shri K.S.Tomar-GA for the respondents/State.

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RESERVED ON: 11/02/2026 ORDER PASSED ON: 23/02/2026 ------------------------------------------------------------------------------------------

O R D E R

Petitioner has filed this writ petition challenging the order dated

21/12/2021 (Annexure P/1), whereby, he has been dismissed from service on account of misconduct established in the enquiry. He has also challenged the order dated 6/10/2023 (Annexure P/6) and 6/3/2024 (Annexure P/7), whereby, his appeal and the mercy appeals have been dismissed. Petitioner has also prayed for his reinstatement in service with all consequential benefits.

2. Facts necessary for decision of this case are that the petitioner was initially appointed as Constable (GD) on 09/12/2013 and at the relevant time, he was posted at Police Station Janakgaj, Gwalior.

3. On 21/8/2020, one “X” (complainant) lodged a FIR alleging that the petitioner, suppressing his existing marriage, entered into wedlock with her and established physical relationship. It was alleged that later on when she came to know about the petitioner's existing marriage, the dispute arose between them and petitioner started assaulting her and refused to keep her with him. A criminal case for offence punishable under Section 376(2)(n), 323 & 506 was accordingly registered against the petitioner. He was arrested on 25/12/2020 and thereafter, challan was filed by Police on

12/01/2021. The petitioner was released on bail on 18/01/2021.

4. On account of registration of the criminal case, petitioner was suspended on 25/08/2020. He was attached to Police line, Gwalior. A preliminary enquiry was conducted by City Superintendent of Police, Lashkar, Gwalior, wherein, vide report dated19/1/2021, the petitioner was prima-facie found involved in the aforesaid complaint. Accordingly, a charge-sheet was issued to the petitioner on 8/3/2021 (Annexure P/2), whereby, following charges were levelled against him:

“1&iqfyl lsok esa jgrs gq;s efgyk ds lkFkk vkijkf/kd d`R; dj iqfyl foHkkx dh Nfo /kwfey djuk A

2& lsok dh lkekU; 'krksZa ,oa iqfyl jsX;wys'ku ds iSjk 64(3)(4)(11) esa mYysf[kr izko/kkuksa dk mYya?ku djuk A”

5. Since, the petitioner denied the charges, respondents decided to conduct a regular departmental enquiry against the petitioner. In furtherance of enquiry, the Additional Superintendent of Police (Rural), Gwalior was appointed as enquiry officer, while Subedar (Traffic Police), Gwalior was appointed as presenting officer. The enquiry was conducted, wherein, apart from the documentary evidence, five persons were examined as prosecution witnesses. After concluding the enquiry, the enquiry officer submitted his report before respondent no.4. Both the charges were found proved against the petitioner.

6. The respondent no.4, thereafter, issued a show cause notice to the petitioner on 30/11/2021 (Annexure P/3), thereby, forwarding a copy of enquiry report to the petitioner and asking him to submit his explanation to the findings recorded by the enquiry officer. Petitioner however, failed to submit his reply despite reminders sent on 7/12/2021. Notably, in the writ petition, the petitioner has averred that he submitted reply to the show cause notice which has been brought on record as Annexure P/5. However, a perusal of Annexure P/5 shows that it is not the explanation to the show cause notice but the brief note submitted by the petitioner before the enquiry officer.

7. The respondent no.4, thereafter, passed the impugned order on 21/12/2021, whereby, the petitioner is dismissed from service on account