Chatrapal Singh Baghel vs The State Of Madhya Pradesh
2023 Latest Caselaw 1915 MP

                                                       1
                          IN    THE     HIGH COURT OF MADHYA PRADESH
                                             AT JABALPUR
                                                   BEFORE
                                     HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                          ON THE 2 nd OF FEBRUARY, 2023
                                          WRIT PETITION No. 23352 of 2018

                         BETWEEN:-
                         1.    CHHATRAPAL SINGH BAGHEL S/O RAMSINGH
                               GOUR, AGED ABOUT 55 YEARS, OCCUPATION:
                               CONSTABLE R/O VILLAGE BATWANI, POST SEONI
                               DIST. SEONI (MADHYA PRADESH)

                         2.    SUJAN SINGH BAGHEL S/O CHETAN SINGH, AGED
                               ABOUT 32 YEARS, OCCUPATION: CONSTABLE
                               VILLAGE LONIYA POST TIGRA (MADHYA
                               PRADESH)

                                                                              .....PETITIONERS
                         (BY SHRI SIDDHANT KOCHAR -ADVOCATE)

                         AND
                         1.    THE STATE OF MADHYA PRADESH THR. THE
                               SECRETARY HOME DEPARTMENT VALLABH
                               BHAWAN, BHOPAL (MADHYA PRADESH)

                         2.    DIRECTOR GENERAL OF POLICE POLICE
                               HEADQUARTERS BHOPAL (MADHYA PRADESH)

                         3.    ASSISTANT DIRECTOR GENERAL OF POLICE
                               POLICE   HEADQUARTERS BHOPAL (MADHYA
                               PRADESH)

                         4.    INSPECTOR GENERAL OF POLICE POLICE
                               HEAD QUARTER S ZONE BALGHAT (MADHYA
                               PRADESH)

                         5.    SUPERINTENDANT          OF   POLICE   POLICE
                               H E A D Q U A R T E R S BALAGHAT    (MADHYA
                               PRADESH)

                         6.    SUB DIVISIONAL OFFICER KATANGI BALAGHAT
                               (MADHYA PRADESH)

Signature Not Verified
Signed by: AMIT JAIN
Signing time:
2/2/2023 5:52:27 PM
                                                             2
                                                                                      .....RESPONDENTS
                         (STATE BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)

                               Th is petition coming on for hearing this day, th e court passed the
                         following:
                                                             ORDER

Petitioners' contention is that the same authority i.e. Superintendent of Police, Balaghat has handed over differential punishment to three set of persons, namely, petitioner No.1 Chhatrapal Singh Baghel, petitioner No.2 Sujan Singh Baghel and one Shri Shailendra Solanki, whose order of punishment was modified in Appeal as is available on record as Annexure P/11.

It is submitted by learned counsel for the petitioners that for the same

gravity of offence, the petitioner No.1 Chhatrapal Singh Baghel was visited with penalty of stoppage of one increment with cumulative effect. Petitioner No.2 Sujan Singh Baghel was visited with penalty of stoppage of one increment without cumulative effect with further stipulation that stoppage will not hae any impact on future increments etc. The appeals against these orders were dismissed and thereafter the mercy petition too has been dismissed. Shailendra Solanki was also absent for the same period from 24.1.2014 to 16.3.2014 but in appeal, this order was modified and it was directed that the stoppage of increment will not have any impact on the future increments etc. Reliance is placed on the judgment of the Coordinate Bench of this Hon'ble High Court in Triveni Sharan Mishra versus Life Insurance Corporation of India 2006 (2) M.P.L.J 339 wherein it is held that the action of the Management treating to similarly situated persons in different manner amounts to violation of Article 14 of the Constitution of India. The discrimination by the Management while inflicting the punishment is arbitrary and the Management cannot discriminate while imposing the punishment for the same set of charges. Signature Not Verified Signed by: AMIT JAIN Signing time:

2/2/2023 5:52:27 PM

Learned Government Advocate for the State though supports the impugned order but it is evident that as far as the petitioner No.1 Chhatrapal Singh Baghel is concerned, he has been visited with disproportionate punishment by the Superintendent of Police, Balaghat. Hence, the order of punishment of petitioner No.1 Chhatrapal Singh Baghel stopping one increment with cumulative effect is modified and it is directed that he will also face the same punishment as has been inflicted on petitioner No.2 Sujan Singh Baghel and Shailendra Solanki. Since petitioner No.2 Sujan Singh Baghel has already been given the same treatment as was given to Shailendra Solanki, no further indulgence is required in this matter.

Accordingly, this writ petition is dismissed.

(VIVEK AGARWAL) JUDGE amit

Signature Not Verified Signed by: AMIT JAIN Signing time:

2/2/2023 5:52:27 PM