AMITABH PRATAP SINGH Vs. STATE OF M.P.
LAWS(MPH)-2017-1-128
HIGH COURT OF MADHYA PRADESH
Decided on January 12,2017

Amitabh Pratap Singh Appellant
VERSUS
STATE OF M.P. Respondents


Referred Judgements :-

RISAL SINGH VS. STATE OF HARYANA [REFERRED TO]


JUDGEMENT

S.K. Gangele, J. - (1.)The petitioner has filed this writ petition against the order of dismissal from service dated 22.7.2010, (Ann. P-4) and against the appellate orders, Annexure P-8 and P-10 by which the appeal and the second appeal filed by the petitioner were dismissed. The petitioner was appointed as Sub Inspector in the year of 1999. When, he was posted at Police Control Room, Burhanpur in Sept. 2009, a charge sheet was issued to him. By the aforesaid charge sheet, the charges were levelled against the petitioner that he had received an amount of Rs.98,000.00 from one Vikram Singh Tomar and when Vikram Singh Tomar had demanded the aforesaid amount, the petitioner had returned back an amount of Rs.40,000.00 but he did not return an amount of Rs.58,000.00 to him. The enquiry officer was appointed.
(2.)As per return filed by the respondents, the petitioner was absent before the enquiry officer. During enquiry, it was noticed that three criminal cases vide Crime No. 146/09 at P.S. Palasia for commission of offence punishable under Section 326/34 of Penal Code and Crime No. 146/09 for commission of offence punishable under Sec. 307/34 and another offence for commission of offence punishable under Sec. 307 of Penal Code were registered against the petitioner.
(3.)The petitioner was absent and he was declared absconder. The Superintendent of Police had declared a reward of Rs.1000.00 against the petitioner. The petitioner was absent during the enquiry, hence, the Deputy Inspector General of Police, Nimar Range, district Khargone in exercise of powers under Art. 311 (2) (b) of the Constitution of India passed the order of dismissal from service against the petitioner. Against the aforesaid order, the petitioner preferred an appeal and second appeal. Both have been dismissed.


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