Madhya Pradesh High Court
Dwijraj Singh vs The State Of Madhya Pradesh on 31 January, 2023
Author: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 31 st OF JANUARY, 2023
WRIT PETITION No. 2511 of 2023
BETWEEN:-
DWIJRAJ SINGH S/O LATE SHRI SIYARAM SINGH,
AGED ABOUT 60 YEARS, OCCUPATION: SUSPENDED
ASSISTANT SUB INSPECTOR ATTACHED AT RESERVE
POLICE LINE SINGRAULI SINGRAULI (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI MITHLESH PRASAD TRIPATHI - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY DEPARTMENT OF
HOME VALLABH BHAWAN BHOPAL (MADHYA
PRADESH)
2. THE DIRECTOR GENERAL OF POLICE POLICE
H E A D Q U A R T E R S JAHAGIRABAD BHOPAL
(MADHYA PRADESH)
3. THE DEPUTY INSPECTOR GENERAL OF POLICE
REWA RANGE REWA DISTRICT REWA (MADHYA
PRADESH)
4. THE SUPERINTENDENT OF POLICE SINGRAULI
DISTRICT SINGRAULI (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
Signature Not Verified
SAN
Digitally signed by PUSHPENDRA PATEL
Date: 2023.02.01 20:11:00 IST
Petitioner's contention is that petitioner was placed under suspension vide
order dated 04.09.2022 (Annexure P-1) passed by Superintendent of Police,
Singrauli on being caught red handed by the Special Police Establishment of the
Lokayukt establishment taking bribe of Rs.40,000/- from one Prahlad Prasad
Shah S/o Shivcharan Shah, R/o Amlori, District Singrauli.
It is submitted that in view of the judgment rendered by the Supreme
Court in Ajay Kumar Choudhary Vs. Union of India through its Secretary
and another, (2015) 7 SCC 291 , an employee should not be allowed to
languish under suspension for long and concluding authority should consider
his grievance and if there is need then, through a speaking order, period of
suspension should be extended.
Shri Manas Mani Verma, learned Government Advocate submits that the
judgment in case of Ajay Kumar Choudhary (supra) is in relation to CCA
Rules, whereas petitioner was placed under suspension invoking the provisions
of the Police Regulation. It is submitted that said judgment is not applicable to
the facts and circumstances of the case, especially, when petitioner holding the
post of Assistant Sub Inspector was caught red handed accepting the bribe. It
is submitted that if his suspension is revoked then, he may influence the
witnesses for which charge-sheet was already issued on 18.10.2022 by the
departmental authorities.
It is further submitted that Enquiry officer has been appointed and
departmental enquiry is under way.
Without commenting on the merits of the case and with a view to
maintain parity with an order of the coordinate Bench dated 24.06.2022 passed
in W.P. No.9011/2022 ( Janki Prasad Tiwari Vs. The State of Madhya
Signature Not Verified
SAN
Pradesh and others), this petition can be disposed of with a direction to decide
Digitally signed by PUSHPENDRA PATEL
Date: 2023.02.01 20:11:00 IST
petitioner's representation, in case, petitioner files a fresh representation before
the appellate authority within seven days from today. If such a representation is
filed within the aforesaid period then, the competent authority is requested to
decide the same as expeditiously as possible, preferably within a period of four
weeks.
In above terms, this writ petition is disposed of.
It is made clear that this Court has not expressed any opinion on the
merits of the case.
(VIVEK AGARWAL)
JUDGE
pp
Signature Not Verified
SAN
Digitally signed by PUSHPENDRA PATEL
Date: 2023.02.01 20:11:00 IST
