RAJARAM BADOLE Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2021-2-75
HIGH COURT OF MADHYA PRADESH
Decided on February 26,2021

Rajaram Badole Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

SUJOY PAUL,J. - (1.) This writ appeal assails the order passed by learned Single Judge in WP No.8434/2014 decided on 02/11/2020.
(2.) Leaned counsel for appellant submits that appellant was served with a charge-sheet which was followed by a domestic inquiry. The inquiry officer gave report and found certain charges as proved. The Disciplinary Authority i.e. Superintendent of Police by order dated 15/04/2013 imposed the punishment of withholding of one increment with cumulative effect. On petitioner's appeal, the Appellate Authority i.e. DIG by order dated 13/07/2013 modified the punishment by imposing a fine of Rs.500/-. The Inspector General of Police (IG) issued show-cause notice on 16/11/2013 to the petitioner with an intention to enhance the punishment. Petitioner filed his reply dated 31/12/2013. The IG passed the order dated 08/05/2014 whereby appellate order of DIG was interfered with and punishment order passed by SP imposing penalty of withholding of one increment with cumulative effect was restored. This order of IG was unsuccessfully challenged before DGP, who dismissed the appeal on 01/09/2014.
(3.) The learned counsel for appellant submits that the DIG rightly interfered with punishment and modified the punishment by imposing fine. Stoppage of increment with cumulative effect is a major punishment. As per Regulation 226(iv), it could have been imposed when conditions mentioned therein are satisfied. In the instant case, learned IG has mechanically exercised his revision power and imposed a disproportionate punishment. Learned Single Judge has committed an error in dismissing the writ petition.;


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