KRISHNANARAYAN SHIVPYARE DIXIT Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of india filed in August 1983 is for quashing the order dated 13-2-1981 passed by the Superintendent of Police, Indore, the respondent No. 4, in the departmental Enquiry held against the petitioner and two others whereby he has been dismissed from service.

(2.) IT is not in dispute that at the relevant time the petitioner was holding the post of Assistant Sub-Inspector, Police at Mhow, District indore. The charges dated 25-12-1980 framed by the Superintendent of police were in respect of the activities dated 15-12-1980 of the petitioner and others directed against him in respect of the penalty of censure imposed by him on two police personnel and the action taken in two other matter public complaints. The Departmental enquiry was conducted by the respondent No. 5, the Deputy Superintendent of Police working under the respondent No. 4.

(3.) THE petitioner had submitted an application dated 1-1-1981 to the respondent No. 4 stating that the former has no hope of getting justice from him and his subordinates and on the facts of the case it was against the principles of natural justice that he should himself initiate the Departmental enquiry.