AKHILESH BAJPAI Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2021-3-23
HIGH COURT OF MADHYA PRADESH
Decided on March 18,2021

Akhilesh Bajpai Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

V.K.Shukla,J. - (1.) The present intra court appeal has been filed under Section 2(1) of M.P.Uchcha Nyayalya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, being aggrieved by the order dated 27-09-2007 passed in W.P.No.12713/2003 by the learned Single Judge.
(2.) The appellant/writ petitioner filed Original Application No. 1624/1998 before the Erstwhile State Administrative Tribunal, Jabalpur. On abolition of the Tribunal, the said original application was transferred to the High Court and was registered as W.P.No.12713/2003. The petitioner challenged the order dated 31st December 1997, whereby a penalty of removal from service has been imposed on the petitioner. The petitioner preferred an appeal against the said order and the Appellate Authority has dismissed the appeal .
(3.) The facts leading to the present appeal are that the appellant/writ petitioner was appointed on the post of Constable by the Superintendent of Police Betul on 14-05-1992. On 23-06-1997, the appellant and one Ramapati Mishra, Constable No. 268 were posted in the Police Sahayata Kendra Barora at Police Station Betul Bazar, Betul. According to the allegation, there was some complaint that the posted employees in Police Sahayata Kendra, Barora are recovering illegal money from the truck drivers, hence the Superintendent of Police, Betul and Additional Superintendent of Police, Betul Shri G.B.Lakhani (PW-3) arranged a trap on 23-06-1997 and a note of Rs.100/- was signed by the Additional Superintendent of Police Shri G.S.Lakhani (PW-3) and was given to Shri A.B.Singh (PW-2) by Superintendent of Police, Police Station, Shahpura, who stopped the Truck No.HNM-2342 in which Nandlal was driver. The said truck was carrying 15 tones of wheat and was going from Kota to Nagpur and when it reached near the police station Sahayata Kendra Barora, Shri A.B.Singh (PW-2) gave that signed note to the truck driver Nandlal. It is stated that when the truck reached Police Sahayata Kendra, Barora, it was stopped by the appellant and Ramapati by showing a torch light. It is alleged that the appellant asked the driver to put off the light of the truck and demanded entry. The said driver Nandlal gave the said signed note to the appellant and endorsed B.B. on a page of note-book of the driver, which means Police Station Betul Bazar. Thereafter, raid party reached there and seized the said signed note of Rs.100/- from the appellant and the page of the note book where B.B. was written. The seizure panchnama was prepared on the spot. The Superintendent of Police Betul-respondent no.4 issued a common charge sheet against the appellant and constable Ramapati Mishra in which two charges were levelled against the appellant and constable Ramapati. Against Ramapati only one charge was levelled.;


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