Nitesh Kumar vs Senior Divisional Security ...
2024 Latest Caselaw 28213 MP

Madhya Pradesh High Court

Nitesh Kumar vs Senior Divisional Security ... on 14 October, 2024

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                               1                                  WP-8826-2014
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        WP No. 8826 of 2014
                                 (NITESH KUMAR Vs SENIOR DIVISIONAL SECURITY COMMISSIONER RPF AND OTHERS )



                           Dated : 14-10-2024
                                 Shri Rajeev Bhatjiwale - advocate for the petitioner.

                                 Shri Sudhanshu Vyas - Advocate for respondents.

In the instant petition, petitioner has challenged the order of removal from service after departmental enquiry and also dismissal of appeal.

It is argued that the charges in the departmental enquiry and in a

criminal case instituted against the petitioner were the same and in the criminal case he has been acquitted by court of law by judgement dated 2.6.2015 by I ASJ, Ratlam and against the same, no appeal has been filed, the said judgment has attained finality. It is not in dispute that after the acquittal in the criminal case, the petitioner has not approached the competent authority of the respondents.

Therefore, this court deems it expedient to grant liberty to the petitioner to file a detailed and comprehensive representation before the competent authority of the respondents along with the relevant record and

order of acquittal passed by the court of law for reinstatement in service within a period of 30 days from today and if such representation is submitted before the competent authority, the competent authority shall consider and decide the said representation keeping in view the order of acquittal passed by the court of law and the charges of the departmental enquiry and the criminal case, by passing a detailed and reasoned order within a period of 60

2 WP-8826-2014 days from the date of receipt of the representation.

List the matter in the month of February, 2025.

Before the next date, counsel for parties will submit the outcome of the result of the representation.

(VIJAY KUMAR SHUKLA) JUDGE

VM