Anand Jataw vs State Of Chhattisgarh

Aggrieved by the order of dismissal from service without departmental enquiry, the present writ petition has been filed.

Perusal of pleadings would reflect that pursuant to dismissal order dated 11.06.2020, the appeal of the petitioner also stood dismissed on 06.12.2021. After rejection of the departmental appeal, the petitioner has preferred the Revision Petition/Review before the respondent No.2 under Regulation 270(4) of the Chhattisgarh Police Regulations. The Revision Petition/Review was filed on 25.01.2022 and till date the same is pending consideration.

Dismissal of the petitioner was pursuant to petitioner getting implicated in a criminal case in FIR dated 08.06.2020 and where the petitioner also was prosecuted for the offence punishable under Section 25 of th Arms Act, Section 8(3) of Chhattisgarh Vishesh Jan Suraksha Adhiniyam, 2005 and also under Sections 381 and 120-B IPC. The petitioner was arrested for the said offence and have to undergo custody for sometime. Meanwhile, the services of the petitioner was suspended vide order dated 10.06.2020 and thereafter on 11.06.2020 the services of the petitioner was discontinued invoking Article 311(2) of the Constitution of India. The criminal prosecution initiated against the petitioner finally resulted in his acquittal vide judgment dated 13.04.2021 passed by the Chief Judicial Magistrate, Sukma, District Sukma in criminal case No.133/2020.

According to the petitioner, now that the judgment of acquittal has been passed in favour of the petitioner, the very basis upon which the services of the petitioner has been dismissed does not exist. Moreover, there is no departmental enquiry initiated against the petitioner by the respondents and therefore after the judgment of acquittal, the respondents are required to recall the order of dismissal from the service and to reinstate the petitioner with all consequential benefits.

Learned counsel for the petitioner relied upon a decision of this High Court in Mahendra Kumar Sahu Vs. State of Chhattisgarh & Others, WPS No.83 of 2016, decided on 04.01.2022, in terms of Regulation 241 of the Chhattisgarh Police Regulations.

Learned counsel for the State on the other hand submits that since the Revision Petition/Review of the petitioner is already pending and if the same till date is not decided, the respondent No.2 shall take an appropriate decision on the same.

Given the said submissions by the counsel for the parties, the writ petition as of now stands disposed of directing the respondent No.2 to consider and decide the Revision Petition/Review of the petitioner in the light of judgment of acquittal dated 13.04.2021 whereby the petitioner stands acquitted from all the allegations that were levelled against him. It is further directed that while deciding the Revision Petition/Review of the petitioner, the respondent No.2 shall also consider the judgment of this court in case of Mahendra Kumar Sahu (Supra) where the legal proposition as it stands has been adjudicated upon by the High Court.

Let an appropriate decision be taken by the respondent No.2 within an outer limit of 60 days from the date of receipt of copy of this order.

Writ Petition accordingly stands disposed of.