Hasan Khan v State of Madhya Pradesh

Type of court
Date of opinion

A charge sheet dated 28-12-2014 was issued to the appellant. Certain charges were leveled against the appellant pertaining to his conduct. It is said that while performing duties in the control room on 17-01-2014, in an illegal manner, the appellant went from his duty place and was involved in illegal hunting of forest animal in violation to the M.P. Police Regulation. Similar allegations are made with regard to unauthorized absence from duty. Inter alia contending that the allegations did not constitute misconduct and therefore, departmental inquiry should be dropped. A representation was submitted and when no action was taken on the representation, the petition was filed.
Legal reasoning:
The Court found that the charges are serious in nature and once the departmental inquiry has been set in motion, no interference or direction for deciding the representation can be made. The view taken by the learned Single Judge and the reasons given for refusing to interfere into the matter are reasonable in accordance to law and there is no reason to interfere into the matter. Once serious allegations are levelled against the employee with regard to his conduct while on duty and only a departmental inquiry in accordanceto the requirement of law is initiated, no direction for deciding the representation can be issued. The employeemay appear before the Inquiry Officer and it would be for the Inquiry Officer to consider all the objectionsand claim of the appellant and take a decision in accordance with law. This being the import of the order passed by the learned Single Judge, no case is made out for interference. Granting liberty to the appellant to raise all the objections as may be permissible before the Inquiry Officer, the same shall be considered by the Inquiry Officer while deciding the departmental inquiry. With the above liberty, this appeal stands disposed of. (Provided by: UNODC SHERLOC)

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