Ashish Jharia vs The State Of Madhya Pradesh
2022 Latest Caselaw 12236 MP

                                                    1
                                  IN THE HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                     BEFORE
                                     HON'BLE SHRI JUSTICE MANINDER S BHATTI
                                          ON THE 14th OF SEPTEMBER, 2022

                                        WRIT PETITION No. 20501 of 2022

                               BETWEEN:-
                               ASHISH JHARIA S/O SHRI KOMAL PRASAD
                               JHARIA, AGED ABOUT 32 YEARS, OCCUPATION:
                               WORKING AS SUB INSPECTOR IN DIAL 100
                               (NOW     SUSPENDED)    CONTROL    ROOM
                               BHADBHADA     ROAD     BHOPAL   PRESENT
                               ADDRESS PLOT NO. 102 NEW GUJRATI COLONY
                               NEAR THAKUR KIRANA STORE GANGA NAGAR
                               GARHA JABALPUR M.P. (MADHYA PRADESH)

                                                                             .....PETITIONER
                               (BY SHRI RAKESH SAHU, ADVOCATE )

                               AND
                          1.   THE STATE OF MADHYA PRADESH THROUGH
                               THE SECRETARY THE DEPARTMENT OF HOME
                               (POLICE RADIO) VALLABH BHAWAN BHOPAL
                               M.P. (MADHYA PRADESH)

                          2.   THE DIRECTOR           GENERAL OF POLICE
                               M . P. B H O PA L DISTRICT-BHOPAL (MADHYA
                               PRADESH)

                          3.   THE A.D.G. (TELECOM) POLICE RADIO HEAD
                               QUARTER BHADBHADA ROAD BHOPAL M.P.
                               (MADHYA PRADESH)

                          4.   THE   INSPECTOR  GENRAL OF POLICE
                               (TELECOM) POLICE RADIO HEAD QUARTER
                               BHADBHADA ROAD,     BHOPAL (MADHYA
                               PRADESH)

                          5.   THE SENIOR SUPERINTENDENT OF POLICE
                               (RADIO) POLICE RADIO HEAD QUARTER
                               BHADBHADA ROAD,    BHOPAL (MADHYA
                               PRADESH)

                                                                           .....RESPONDENTS
                               (BY SHRI V.P. TIWARI, GOVERNMENT ADVOCATE )
Signature Not Verified
Signed by: SHUBHAM
THAKKER
Signing time: 9/20/2022
11:38:34 AM
                                                              2
                                This petition coming on for admission this day, th e court passed the
                          following:
                                                             ORDER

The petitioner has filed this petition assailing the order of suspension dated 02.07.2021 (Annexure P/1).

Learned counsel for petitioner submits that the petitioner is assailing the order impugned dated 02.07.2021 (Annexure P/1) only on the ground of competency. Counsel for petitioner contends that the order impugned has been issued by Senior Superintendent of Police (Radio), by which the present petitioner who is holding the post of Sub-Inspector (Radio) has been placed

under suspension. Counsel submits that the competent authority to place the petitioner under suspension is Deputy Inspector General of Police and, therefore, the order of suspension has been passed by Senior Superintendent of Police (Radio) who is not competent to place the petitioner under suspension.

Learned counsel for petitioner while relying upon the decision of this Court in the case of Krishnanarayan Shivpyare Dixit Vs. State of M.P. and others reported in (1985) MPLJ 343 submits that the order of suspension has been issued by incompetent authority therefore, the order deserves to be quashed.

Per contra, learned counsel for respondents submits that the order impugned has been passed by the Senior Superintendent of Police while exercising the powers conferred under Rule 221 of M.P. Police Regulations. The counsel submits that the power to suspend the Officer from the rank of Constable to Inspector lies with the Senior Superintendent of Police as well as Superintendent of Police. The counsel therefore, submits that this Court in the case of S.D. Muley Vs. State of M.P. reported in (2017) 2 MPLJ 576 and Signature Not Verified Signed by: SHUBHAM THAKKER Signing time: 9/20/2022 11:38:34 AM

Naval Singh Yadav Vs. State of M.P. & Ors. reported in (2017) 4 MPLJ 455 has held that the Superintendent of Police is an competent authority to inflict the penalty on Inspector and since in the present case though, the order of suspension does not amount to penalty has been issued by the competent authority as the petitioner is holding the post of Sub-Inspector (Radio).

Heard the rival submission of the parties.

The provisions of Rule 221(d) of M.P. Police Regulation reflect that the Senior Superintendent of Police as well as Superintendent of Police are the authority competent to place an Officer of the rank of Constable to Inspector under suspension, thus, the stand of the petitioner is ill founded. Moreover, the amended provisions in Rule 221 of M.P. Police Regulation have been inserted vide Gazetted Notification dated 12 July, 2013. Admittedly, the judgment of this Court in the case of Krishnanarayan Shivpyare (supra) is prior to the amendment brought about in M.P. Police Regulation.

Moreover, it is not disputed by the petitioner that the petitioner herein has already preferred an appeal assailing the order of suspension which is pending adjudication. Thus, without expressing any opinion on merit, the present petition disposed of with a direction to the appellate authority to consider and decide the petitioner's appeal within a period of 60 days from the date of production of certified copy of this order by passing a speaking and well

reasoned order in accordance with law.

With the aforesaid, the petition stands disposed of.

(MANINDER S BHATTI) JUDGE

Signature Not Verified Signed by: SHUBHAM THAKKER Signing time: 9/20/2022 11:38:34 AM

Shub

Signature Not Verified Signed by: SHUBHAM THAKKER Signing time: 9/20/2022 11:38:34 AM