IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ASHISH SHROTI WRIT PETITION No. 18602 of 2021 SATRUGHAN SINGH BHADORIYA Versus THE UNION OF INDIA AND OTHERS ---------------------------------------------------------------------------------------------------------

Appearance:

Shri Girija Shankar Sharma - Advocate for the petitioner.

Shri Praveen Kumar Newaskar - Additional Solicitor General for the respondents.

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Reserved on : 12-02-2026 Pronounced on : 18-02-2026 --------------------------------------------------------------------------------------------------------

O R D E R

The petitioner has filed this writ petition challenging the order dated 17.10.2007, Annexure P/3, whereby punishment of reduction by one stage in the pay scale for a period of one year with cumulative effect was imposed upon the petitioner by respondent no.4 on account of certain misconduct found proved against him in the departmental enquiry. He has challenged the order dated 12.06.2009, Annexure P/2, whereby his revision against the punishment order was dismissed. The petitioner has also challenged the order dated 27.05.2021, Annexure P/1 whereby the mercy appeal filed by him was returned to him as being not maintainable.

[2]. The petitioner was initially appointed as Constable on 25.07.1988. At the relevant time, he was posted at Raja Bhoj Airport, Bhopal. In relation to an incident occurred on 18.04.2007, a charge sheet was issued to the petitioner vide memo dated 01.05.2007, Annexure R1.

Following charge was levelled against him:

vkjkis dekda &01 cyla[;k 881403479 vkj{kd ,lå,lå HknkSfj;k] dvs kSlqc bdkbZ jktkHkkts ,;jiksVZ Hkkisky ij vkjkis gS fd fnukad 18-04-2007 dks mldh M;wVh f}rh; ikjh esa ,åVhålhå bu xVs ij le; 1330 cts ls 2100 cts rd ds fy, yxk;h x;h FkhA le; yxHkx 1830 cts mä cy lnL; }kjk fujh{kd@dkå jfo eksgu ds lkFk vHkæ O;ogkj djrs gq, FkIiM ekjus ,ao dHkh gkFk esa jkbZQy vkus dh /kedh fn;kA cy lnL; dk mä dk;Z mlds drOZ; ds çfr ?kksj vuq'kklughurk dk n'kkZrk gSA vr% ;gh vkjkis gSA [3]. The petitioner submitted a reply to the charge sheet and denied the charges levelled against him. Since, the reply was not found satisfactory, Inspector CISF, RBAP Unit, Bhopal was appointed as Enquiry Officer, while Sub-Inspector CISF, RBAP Unit, Bhopal was appointed as Presenting Officer. The enquiry was conducted by the Enquiry Officer, wherein three persons were examined as prosecution witnesses while the petitioner examined eight persons in his defence. After the conclusion of the enquiry, the report was submitted by the Enquiry Officer, wherein part of the charge was found proved against the petitioner. The respondent no.4, being the Disciplinary Authority, issued a show-cause notice to the petitioner on 19.09.2007, thereby forwarding a copy of the report to the petitioner and asking him to submit his explanation to the findings recorded by the Enquiry Officer. The petitioner submitted his explanation on 02.10.2007, again denying the allegations made against him. The respondent no.4 thereafter passed the impugned order on 17.10.2007, thereby imposing punishment of reduction by one stage in the pay scale for a period of one year with cumulative effect. It was also directed that the petitioner shall not be entitled to draw increments during this period and the same will have effect on future increments also.

[4]. Being aggrieved, the petitioner challenged the punishment order by filing an appeal before the Deputy Inspector General (WZ), Mumbai, which was dismissed vide order dated 18.02.2008, Annexure R/7. The petitioner thereafter filed a revision before the Inspector General, Headquarters at New Delhi, which also suffered dismissal on 12.06.2009 (Annexure P/2). This order was served to the petitioner on

04.07.2009.

[5]. After a laps