ttB»^k !1 m THE HON'BLE MGH COURT OF JUDICATURE, CHHATTISGARH at BILASPUR (CG) WRIT PETITIONNoJS'^S /2005 u^ Prabhakar Dubey S/o Shri. Premnarayan Dubey, Aged about Years, Ex.Constable No. R/795,S.A.F., Ist Battallian, Bhilai Unit, BHILAI. Disti-ict: Durg. ' Residing at: Mal Kirana Sto'rps, Nandini Road, Power House, Post: Khursipar, BfflLAI District: Durg (CG). PETITIONER VERSUS 1. StateofChhattisgarh Through: The Secretary, y Ministry ofHome, ac> RAIPUR. /?-' ^ , yz.' The Commandant, 11 th Battalian, Special Anned Forces, BfflLAI-490001 District: Durg (CG) The Commandant, Chhattisgarh Armed Forces, First Battalian, ^ p\ ^/y ^f ,^<^<. v^y^ s.-''..'^ X U 1 o^ ^ District: Durg (CG). .^y1/. The Dy. Director General ofPolice, Chhattisgarh Armed Forces, BHILAI-490001 y District: Durg (CG). 5. The Direetor General of Police, Police Headquarter, Chhattisgarh Police, RAIPUR-492001 (CG) RESPONDENTS r!iii;:^n:;?i:^mT^@sgs; g: WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE ORDER AND WRFT IN THE NATURE OF CERTIORARY, MANDAMUS ETC. iNGLE BENCH : HON'BLE MR. SATISH K. AONiHOTRi, J. WRfT PISTIT'nM Nf* I?.": ¥¥2"itE F'Sa lil a'Wt^ l^^a^c i'W^1 US- <SUU5 O.ff;t>^i^?~i.a?* i •C'-fi.j'wi sCi ResRonc'er versus Prsbhakar Dubev Stats of Ch.hatSisgarh and others pressnt : Mr. Uttam Pandey, counse! for the petitioner. Ms. Sunita Jain, Pansl Lasvyer for the respondents/Staie. OR' (Passed on 13'" Day of December, 2006) 'he petitioner, vyhiie working as Constabi'e in the 11''" Battalion of Specia! Armed Forees, Government of Chhattisgarh, was ssrvsd wlth a charge-sheet dated 9-7-2000 containing foilowing ciiargss :- "1. That, he was found in the sntoxicatlng condltion at Awapalli Market during hls duty hours ^-i ^ f>nnn \.£.v\^\^. 2. That on 21.5.2000, he was misbehav.sd and snubbing with his senior officer, Assistant Sub- i "'•"t^'n./^'?'/^?' ?i^f i2-'Sa""<~^''a*^ ?/'••?*• ^. 11iiC'^*''"i •'ti*'-^1 '^in!'''*i''B^fft:n l'iifjw'^'./i.'y} lyi''. C^c.lHiSiiCtii^i^i iVHSiiisl s.Su^ ii i's'^es.i.wri^'^ for exploding the Camp, and thersfore violated th< Section 17 ofthe M.P. Speciai Force Act, 1968. 3. That, he fcsated and threatenlng for dare consequencss of Ijfe with !Vlr. Loman Singh, Head Constable R/761 whiie he was Mediating, and thus vioiated Sub rute ® of Section 17 of M.P. Spscia! ct,1958. 4. That, hs bsated and rnisbshaved anc snubbing with R/ 291 Beniram Sahu on .account of his inedsating, and threatening for lifs, thus showed indlscipiineinthefcrce. " 5. That, on 21.5.2000 night, by putting Rlfte on t •^hsi r'h.a^* ^if ?l.h^<?-3"^i-'5i p^7''?n a"" hi&-3f&?*1 hlr^ ^\f- 1; i<S 'k^ii-SxSi. ^l \/i iiay&:;U;iCii F^J i £»^<2U'^ i^iSSi iLt5'»a IJiiSi */. \ threating him for life and vioiated sub ruls (Kh) of Seotion 16 ofM.P.Spscial FocsAct, 1968." 2. Adrnittediy, ths petitioner fsled a reply to the said charge- shset on 20-7-2000 (Annexurs P-2). Thsrsafter, an enquir/ v.'as hsld. Tha snquiry officer was the Company Commandant. The petitioner participsted 'n the enqulry. The petitione' did not raise any objection with regard to non-supply of any document or any papers. After compietion of the enquiry, ali the charges aiieged against the pstitioner wers fouRd proved. 3. ResRondent No.2 ~ the Commandant, agreeing with the enquir/ report, issued a second show cause notice to ths pefitioner. The pstitioner, in hls rspiy to the second show causs notice, also did not mention afcout the fact thst reievant documents were not supplied 'to him on the basls ofwhich charges wers found proved. 4. Thersafter, the petitioner was dismissed from ser.'ics ss punishment by order dated 2-3-2002 (Annsxure P-13) passed by the Commandant, Chhattisgarh Armsd Forees, First Sstta'ion, Bhilai. 5. Ths petitioner preferred an appsal bsfors the Dsputy inspector General, Chhattisgarh Armed Forces, which was dismissed by order dated 1-6-2002 (Annexure P-14). Against ths decision in ths said appeai, ths petitioner prsferred another appsa! before ths Director Geners' of Poiice, Poiice Headquarters, Raipur, whlch was siso dismlssed by order dated 1-8-2003 (Annexure WB). 6. Th, thS 01 The petltioner hafe. fiied this petition being aggrieved by \ 2rdsr dated 2-3-2002 (Annexure P-1 3) passed by the Commandant, Chhattlsgarh Armed Forees, Flrst BattaSion and subsequsnt ordsrs dated 1-6-2002 (Annexure P-14) passed by the Deputy Inspectcr \^f\s 1S nera!, ChhatSlsgarh Armed Foroes anci dated 1-8-2003 (Annexure P- 18) passed by the Director Genera! of Poiice, on ths ground that^the enquiry' is vitiated on account of the fact that the petitioner was not supplied nscessary documsnts. 7 Ms. Sunita Jain, tsarned Pansi Lav/yer appearing for the respondsnts/State, on the contrary, reiying on the rsturn fiied by the respondents/Stats, submittsd that' a!S the reievant documents, on the basis ofwhich, alleged chargss have been found proved, were suppiied to the petltioner and the pstitioner has not raised any objection to thls effect bsfore filing this petition. 8. After hearing learned counse! for ths parties and perusing ths pleadings and the records appsndsd thereto, it ts evident that the ground of non-supply of documents, which has besn ralsed in the petit'on for the first time, is not available to the petitioner as the petitloner he.d not raised this point at any stage, neither In the stags of »» depanmenta! enquiry nor at the stage of show causs notlce nor thereafter, and the respondents - authorities have categoricaily dsnied the aliegstion of non-suppiy of documents made by the pstitioner. 0 In vjew of the aforementioned, it is ciear that thers is nc- inflrmity' or irreguiarity or illegaiity in the procpdure of dspartmentai snquiry and theres.fter. t ^ 10. It is wsll settlsd pnnciple of !aw that the Court, whils exsrcising its powsr of judiclal review, can go into ths decision making process, but not the decision jtsslf. !n the present case, no perversitj? or il!ega3ity or irrsgularity or impropRefy is siteged or found in the decision making process. ^ ^ i . :osts. Th The petition is accordingiy dismissed. No order as to Sd/- Satish K. Agnihotri Judge