Amar Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 3899 MP

                                                          1

                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                              ON THE 13 th OF MARCH, 2023
                                            WRIT PETITION No. 13609 of 2015

                          BETWEEN:-
                          AMAR SINGH S/O SHRI MUNGARAM, AGED ABOUT 53
                          YEARS, C-2/14, NEHRU NAGAR, POLICE LINES, BHOPAL
                          (MADHYA PRADESH)

                                                                                     .....PETITIONER
                          (BY SHRI AWADHESH K. SINGH - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                THE SECRETARY VALLABH BHAWAN BHOPAL
                                (MADHYA PRADESH)

                          2.    DIRECTOR GENERAL OF POLICE M.P. POLICE
                                HEAD QUARTER, BHOPAL M.P. POLICE HEAD
                                QUARTER, BHOPAL (MADHYA PRADESH)

                          3.    INSPECTOR GENERAL OF POLICE             BHOPAL
                                RANGE,   BHOPAL BHOPAL RANGE,           BHOPAL
                                (MADHYA PRADESH)

                          4.    DEPUTY INSPECTOR GENERAL OF POLICE
                                BHOPAL RANGE, BHOPAL BHOPAL RANGE,
                                BHOPAL (MADHYA PRADESH)

                          5.    SUPERINTENDENT OF POLICE BHOPAL DISTRICT
                                BHOPAL (MADHYA PRADESH)

                                                                                  .....RESPONDENTS
                          (BY SHRI PIYUSH BHATNAGAR - PANEL LAWYER)

                                This petition coming on for admission this day, th e court passed the
                          following:
                                                           ORDER

Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 3/14/2023 11:36:03 AM

Petitioner's contention is that this case can be disposed of with a direction to the competent authority to reconsider the quantum of punishment inflicted on the petitioner in view of the fact that the petitioner was acquitted in criminal case which was the foundation of the departmental enquiry. Placing reliance on the GAD circular dated 19.05.1980, it is pointed out that members of Scheduled Caste and Scheduled Tribe category were allowed to make direct representation to the senior officials and members of the category in case of any atrocities meted out to them and, therefore, second ground for inflicting punishment that he had directly made a communication with the Chief Minster of State is also made out.

Shri Piyush Bhatnagar, learned Panel lawyer though opposes the prayer but taking this fact into consideration that vide judgment dated 12.08.2014 passed by the Special Judge under the Prevention of Corruption Act, Bhopal in Special Case No.3/2009, petitioner was acquitted as prosecution had failed to prove its case beyond reasonable doubt against Amar Singh and Vinod Singh and also in the light of the GAD circular, the impugned order is set aside and respondents/authorities are directed to consider the GAD circular and the order of acquittal and pass fresh order within a period of 60 days from the date of receipt of certified copy of this order passed today.

This Court has not expressed any opinion on the merits of the case. In above terms, this writ petition is disposed of.

(VIVEK AGARWAL) JUDGE AM

Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 3/14/2023 11:36:03 AM