Ramesh Chandra Bajhaiya vs Inspector General Of Police ...
2023 Latest Caselaw 16940 MP

                                                             1
                                IN      THE HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                     BEFORE
                                     HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                               ON THE 11 th OF OCTOBER, 2023
                                              WRIT PETITION No. 24102 of 2023

                           BETWEEN:-
                           RAMESH CHANDRA BAJHAIYA S/O SHRI D.S.
                           BAJHAIYA, AGED ABOUT 60 YEARS, C/O MR. MAHESH
                           PATIDAR NIRAJ HOTEL BAWWRIAY BUS STAND
                           KHARGONE (MADHYA PRADESH)

                                                                                         .....PETITIONER
                           (BY SHRI PRATEEK PATWARDHAN - ADVOCATE)

                           AND
                           1.    INSPECTOR     GENERAL      OF    POLICE
                                 (ADMINISTRATION ) POLICE HEAD QUARTER
                                 DISTRICT BHOPAL (MADHYA PRADESH)

                           2.    ASSISTANT INSPECTOR GENERAL OF POLICE
                                 CRIME INVESTIGATION DEPARTMENT HEAD
                                 QUARTER, BHOPAL (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                           (BY MS. BHARTI LAKKAD - G.A)

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

                           following:
                                                              ORDER

The petitioner was working on the post of ASI. He completed age of superannuation on 31.3.2023. In the instant petition, a challenge is being made to the charge sheet dated 28.3.2023 issued by Inspector General (Crime Investigation) Bhopal.

2. Counsel for petitioner submits that for the post of Inspector the respondent No.2 is not competent authority but the competent authority is Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 11-10-2023 15:48:49

Superintendent of Police. In support of his submission he has placed reliance on a judgment passed by the division bench in the case of Arun Prakash Yadav Vs. State of MP 2013(3) MPLJ 508 wherein it was held that for the post of Inspector, the competent authority is Superintendent of Police considering the Regulation 228 of Police Regulations.

3. Counsel for State submits that the aforesaid objection could have been raised before the authority who had issued a charge sheet.

4. After hearing learned counsel for parties and taking into consideration the judgment passed by the division bench in the case of Arun Prakash Yadav (supra) and Police Regulation 228, it is evident that the impugned charge

sheet is issued by the respondent No.2 who is not competent authority. The impugned charge sheet is quashed. The liberty is granted to the competent authority to issue fresh charge sheet in accordance with law.

5. The present petition is partly allowed with the aforesaid liberty.

(VIJAY KUMAR SHUKLA) JUDGE VM

Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 11-10-2023 15:48:49