Rakesh Kumar Baghel vs The State Of M.P.
2021 Latest Caselaw 8861 MP

                                                                              1                                  WP-27098-2021
                                             The High Court Of Madhya Pradesh
                                                      WP No. 27098 of 2021
                                                    (RAKESH KUMAR BAGHEL Vs THE STATE OF M.P. AND OTHERS)


                                     Jabalpur, Dated : 15-12-2021
                                           Shri D.K.Tripathi, learned counsel for the petitioner.

                                           Shri Vikram Johri, learned panel lawyer for the respondents/State.

Shri Anoop Nair, learned counsel for the respondent No.2 and 3. The present petition has been filed seeking the following relief(s) :-

"I. to call for the entire relevant record.

II.to quash the impugned charge sheet dated 20.01.2020 (Annexure P/1) & supplementary charge sheet dated 28.02.2020 (Annexure P/2) & charge sheet dated 14.01.2021 by holding that its without any authority.

III. to pass such any other order as deem fit under the facts and circumstances of the case.

IV. Any other relief together cost of the petition which this Hon'ble Court deem fit and proper under the facts and circumstances of the case may also be awarded in favour of the petitioner."

It is pointed out that the identical issue was considered by the coordinate Bench of this Court in the case of Tarun Kumar Mishra Vs.

State of M.P. and others [Writ Petition No.14649/2021] which was decided on 21.10.2021. The issue is squarely covered by the judgment passed in the case of Tarun Kumar Mishra (supra).

Counsel appearing for the respondents does not dispute the aforesaid proposition and fairly submits that the matter is squarely covered by the judgment passed in the case of Tarun Kumar Mishra (supra), however, seeks liberty for taking fresh action against the petitioner.

Considering the overall facts and circumstances of the case and the statement made by the rival counsels for the parties and also going to the judgment passed in the case of Tarun Kumar Mishra (supra), it appears that the order is fully applicable in the case of the present petitioner, therefore the observations made in the case of Tarun Kumar Mishra (supra) apply Signature Not Verified SAN

Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2021.12.17 17:35:17 IST 2 WP-27098-2021 mutatis mutandis to the case of the petitioner also. Therefore, the charge sheet dated 20.01.2020 (Annexure P/1) & supplementary charge sheet dated 28.02.2020 (Annexure P/2) & charge sheet dated 14.01.2021 (Annexure P/3) is hereby quashed.

However, liberty is extended to the respondents, that if they so desire, they may issue a fresh charge sheet to the petitioner after following the

procedure prescribed in the Rule 14 of the Rules, 1966 with the approval of the competent disciplinary authority.

With the aforesaid observations, this petition is disposed of.

(VISHAL MISHRA) JUDGE

AM

Signature Not Verified SAN

Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2021.12.17 17:35:17 IST