SATYA NARAYAN PANDEY Vs. STATE OF M P

JUDGEMENT

(1.) AS common questions are involved in all these three petitions, they are being disposed of by this common order. 1. In W. P. No. 2315/2003, petitioner Satya Narayan Pandey who was working as Head Constable in Police Station Gole Ka Mandir, Gwalior has been removed from service vide order dated 16th July, 2003 (Annexure P-l) passed by the Superintendent of Police, Gwalior. It is averred in the order that two Constables namely Rakesh Mishra petitioner in W. P. No. 2316/03 and Mahesh Kaurav petitioner in W. P. No. 2339/03 were transferred. In compliance to the order of transfer, these Constables were relieved in the afternoon of 13th of July, 2003 by Incharge Station House Officer, Gole Ka Mandir. Entry in this regard has made in Rojnamcha at Sr. No. 502. However, these Constables were not interested to go on transfer, they became annoyed and after having knowledge of their relieving, they abused the Incharge SHO on 13th July, 2003. It is stated that the Incharge SHO did not notice the same. Thereafter, on 14th of July, 2003 when Incharge SHO is said to be discharging his official duties at 22. 15 hrs in the police station, both these Constables entered the Police Station after consuming liquor, shouted and abused the Incharge SHO and manhandled him in the presence of other staff members. The Incharge SHO informed the matter on telephone to the Incharge CSP and asked for arranging their medical check-up. It was alleged that Constables Rakesh and Mahesh were not in their senses. They created an atmosphere of terror and nobody was prepared to catch-hold of them so that their medical check-up could be carried-out. It is alleged that petitioner Satya Narayan Pandey refused to obey the order of Incharge SHO and helped these Constables to run away from the Police Station.

(2.) THE Superintendent of Police has recorded a finding that the atmosphere created in the police station by members of the force who are supposed to be well disciplined and maintain high standards in the matter of discipline acted in such a ridiculous manner keeping apart all the ethics and norms in utter disregard of maintaining good conduct. Considering the criminal activities, misconduct committed by them which was an act of indiscipline and insubordination and keeping in view the exigencies of the aforesaid situation and with a view to maintain discipline and to send a good message to other members of the Department and to upkeep the morale of the force and also for protecting the reputation of the force in the eyes of the general public, order was passed dismissing the petitioner Satya Narayan Pandey and Rakesh Mishra and Mahesh Kaurav without conducting any enquiry by exercising powers under Rule 19 of the M. P. Civil Services (Classification, Control and Appeal) Rules. Similar orders as Annexure P-l, dated 16th July, 2003 is passed in W. P. No. 2339/03 and W. P. No. 2316/03 in the cases of Rakesh Mishra and Mahesh Kaurav also.

(3.) ACCORDINGLY, the allegations in all the three cases against the petitioners are that petitioners Rakesh Mishra and Mahesh Kaurav refused to carry out the order of transfer, misbehaved and manhandled SHO and the petitioner Satya Narayan Pandey did not obey the orders of the superior authority. The order of termination has been passed without conducting enquiry for reasons indicated in the order and detailed hereinabove.