MP High Court: Order Of Dismissal Of Policeman Canceled After 18 Years, High Court Made This Comment

Madhya Pradesh High Court (file photo) – Photo: Amar Light

Expansion Madhya Pradesh High Court 05 The order of dismissal of a policeman which happened a year ago has been repealed. Justice Nandita Dubey, while delivering the verdict, said that the petitioner did not deserve harsh punishment. Proceedings have been taken on the basis of past conduct holding him guilty of grave misconduct, which was not part of the charge sheet. In the petition filed on behalf of the petitioner Pawan Mishra, it was said that he was posted as a constable in the Katni Superintendent of Police office. A person named Harish Chandra Rajak had complained of assault against him in April 2005. In the medical report of the complainant, the doctors had mentioned minor injuries. Acting on the complaint, a departmental inquiry was initiated against him. On the basis of the departmental inquiry report, the Superintendent of Police had issued a notice to him. He did not respond to the notice. Thereafter on the basis of the departmental inquiry report, he was was dismissed from service on being found guilty of grave misconduct. Against which he filed appeal and mercy appeal, which was dismissed. After this, Pawan Mishra filed a petition in the High Court in the year 2005 pleading for justice. punishment not mentioned in the show cause notice2022 Single bench after hearing observed that the punishment has not been mentioned in the show cause notice issued to the petitioner. Further, in the charge sheet, the petitioner’s years of service 05 have been mentioned to be punished with minor punishment and two major punishment, which was not a part of the charge sheet . of the suspension period Order to pay percentage The court noted that the statements of the complainant (Harish Chandra Rajak) and a woman were recorded in the investigation. The woman had said in her statement that the complainant and her were having a dispute. The complainant was coming running towards him, which was seen by the petitioner and stopped him and only slapped him. The woman’s statement was not given importance in the investigation. The single bench has said in its order that the said petition 18 is pending for years. percent pay (back-wages) of the suspension period should be provided to the petitioner. ,