Brijesh Pandey vs The State Of Madhya Pradesh
2023 Latest Caselaw 19693 MP

Madhya Pradesh High Court

Brijesh Pandey vs The State Of Madhya Pradesh on 24 November, 2023

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                             1
                                IN THE HIGH COURT OF MADHYA PRADESH
                                            AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                              ON THE 24 th OF NOVEMBER, 2023
                                              WRIT PETITION No. 28776 of 2022

                           BETWEEN:-
                           BRIJESH PANDEY S/O SHRI KUNJ BIHARI PANDEY,
                           AGED ABOUT 36 YEARS, OCCUPATION: SUB INSPECTOR
                           POLICE STATION MADIYDO DISTRICT DAMOH (M.P.)
                           (MADHYA PRADESH)

                                                                                         .....PETITIONER
                           (BY SHRI NITYA NAND MISHRA - ADVOCATE)

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

                           2.    THE SUPERINTENDENT OF POLICE DAMOH
                                 DISTRICT DAMOH (MADHYA PRADESH)

                           3.    THE SUB DIVISIONAL OFFICER OF POLICE
                                 PATHARIYA     DAMOH DISTRICT  DAMOH
                                 (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                           (BY SHRI LOKESH JAIN - PANEL LAWYER)

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

Petitioner's contention is that learned Sessions Judge, Damoh ordered for conducting Departmental Enquiry against the petitioner, without affording any opportunity of hearing to him.

2. In support, he places reliance on the judgment of Division Bench of this

High Court in case of Sushil Ranjan Singh and others Vs. State of Madhya Pradesh, 2006 (4) M.P.L.J. 20 , wherein it is held that certain strictures were passed against the applicant without following the principles of natural justice.

3. Similarly, reliance is placed on the judgments of Hon'ble Supreme Court in Manish Dixit and others Vs. State of Rajasthan, (2001) 1 SCC 596, Dr. Raghubir Saran Vs. State of Bihar and another, AIR 1964 SC 1 and State of Uttar Pradesh Vs. Mohammad Naim, AIR 1964 SC 703 to support his claim but fact of the matter is that there are no strictures against the petitioner but learned Sessions Judge, Damoh only directed the departmental authorities to conduct enquiry against the petitioner. Thus, petitioner's case is

not covered by the aforesaid judgments.

4. Since in the Departmental Enquiry, petitioner was having sufficient opportunity to defend himself and prove his innocence, it cannot be said that any order has been passed violating the principles of natural justice. Petitioner himself admits that in the Departmental Enquiry, he has been punished against which there is a remedy of appeal as provided under the relevant service rules. Therefore, taking all these facts cumulatively, I do not find any material to interfere in the impugned order.

5. In view of above, petition fails and is dismissed.

(VIVEK AGARWAL) JUDGE pp