SUNIL SINGH TOMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) In this petition, under Article 226 of the Constitution of India, petitioner has assailed the order dated 17/10/2006 (Annexure P/1) passed by the disciplinary Authority/respondent no.5 imposing major penalty of dismissal from service; order dated 16/4/2007 (Annexure P/2) whereby the appeal filed by the petitioner against the order dated 17/10/2006 has been rejected, as well as, the orders dated 25/6/2007 and 15/4/2008 (Annexures P/3 and P/4 respectively) passed by the Appellate Authority whereby petitioner's mercy appeals have also been dismissed.

(2.) The facts necessary for disposal of this petition lie in narrow compass. Petitioner was appointed on the post of Constable on 7/11/1983 and, at the relevant point of time, was posted in Traffic Police, City Centre, Gwalior when charge- sheet was issued to him in the year 2005 on the following charges:- Petitioner filed reply to the charge-sheet and denied the allegations. Upon consideration of the reply, the disciplinary Authority decided to appoint Enquiry Officer for conducting the enquiry. However, no Presenting Officer was appointed. Thereafter the enquiry was held and the charges framed against the petitioner were found to be proved. Subsequently, petitioner was dismissed from services vide order dated 17/10/2006 (Annexure P/1). Being aggrieved, the petitioner preferred an appeal and vide order dated 16/4/2007 (Annexure P/2), the same was dismissed. Thereafter the petitioner preferred two mercy appeals and both of them have also been dismissed vide orders dated 25/6/2007 (Annexure P/3) and 25/4/2008 (Annexure P/4).

(3.) Learned counsel for the petitioner has raised the following contentions:-