Madhya Pradesh High Court
Abhishek Rai vs The State Of Madhya Pradesh on 11 July, 2023
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
WP No. 26921 of 2022
(ABHISHEK RAI Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 11-07-2023
Shri Vishal Baghel - Advocate for the petitioner.
Shri Manas Mani Verma - Government Advocate for the State.
Shri K.C. Ghildiyal - Senior Advocate assisted by Shri Harish Chandra
Singh - Advocate for respondent no. 5.
Shri Amit Kumar, Superintendent of Police, District Narsinghpur is present in person.
I have perused the affidavit of Superintendent of Police, District Narsinghpur namely Shri Amit Kumar S/o Shri Ashok Kumar. Though, it is mentioned that the inquiry has been initiated but learned Government Advocate has produced a notesheet across the Board in which the then Superintendent of Police Shri Vipul Shrivastava has mentioned that looking to the requirement of medical treatment of Amit Kumar Dangi, his suspension be revoked and the period of suspension be decided after the inquiry is completed. On the basis of parity, he ordered for revocation of suspension of Head Constable 170 Devendra Singh.
I have perused the application filed by Shri Devendra Singh which does not bear any date and which is admittedly received by the Steno of Superintendent of Police, District Narsinghpur in which it is mentioned that because of suspension, he is under mental pressure, therefore, prayed for revocation of suspension.
Learned counsel for the petitioner submits that the then Superintendent of Police did not act independently but was acting on the dictates of his superior Signature Not Verified Signed by: VAIBHAV YEOLEKAR Signing time: 7/12/2023 7:44:49 PM 2 officers.
Similarly, Amit Vilas Dangi had made an undated application to the Superintendent of Police received by his Steno in which it is mentioned that he had met with an accident on 9/12/2022 suffering certain injuries. It is further mentioned that for treatment of injuries, he is required to travel to Nagpur and, therefore, suspension be revoked. These documents are required to be filed by the Superintendent of Police on record and along with the order sheet which has been produced across the Board.
At this stage, Shri K.C. Ghildiyal, learned Senior Advocate assisted by Shri Harish Chandra Singh submits that petitioner cannot dictate as to who is to be placed under suspension and whose suspension is to be revoked.
It is further submitted that infact T.I. Amit Vilas Dangi had met with an accident and he was informed that under the rules, he cannot take treatment during suspension. It is further submitted that looking to these peculiar facts and circumstances, the suspension was revoked.
Shri Manas Mani Verma, learned Government Advocate submits that present incumbent to the post of Superintendent of Police Shri Amit Kumar has nothing to do with revocation of suspension on flimsy grounds and it was revoked by his predecessor Shri Vipul Shrivastava.
This is a serious matter.
Let an affidavit of Shri Vipul Shrivastava the then Superintendent of Police, Inspector General of Police, Jabalpur Zone and also the Director General of Police be brought on record to point out that whether mental tension and requirement of taking treatment are the grounds for revocation of suspension especially when prima facie the guilt of the respondents herein i.e. Signature Not Verified the T.I. and the Head Constable was recorded by the superior officers and they Signed by: VAIBHAV YEOLEKAR Signing time: 7/12/2023 7:44:49 PM 3 had ordered for institution of departmental enquiry. This is a serious matter.
This court is conscious of the extent of its interference in administrative matters but where the administrative action is laced with malafides and devoid of reason, then court cannot sit as a blind and silent spectator.
Let Inspector General of Police, Jabalpur Zone and the Director General of Police explain from the police manual or with the help of law on service jurisprudence that mental tension and taking treatment can be the grounds for revocation of suspension as has been done by the then Superintendent of Police Shri Vipul Shrivastava. They will also be obliged to explain argument advanced by Shri K.C. Ghildiyal that during suspension, treatment and medical reimbursement is not admissible to an officer under suspension.
It is directed that the present Superintendent of Police shall place the order sheet which is being filed today before the court along with the applications moved by the Head Constable and the T.I. respectively before the Inspector General of Police, Jabalpur Zone and the Director General of Police for facilitating them to file their affidavits on facts as well as on law.
It is also directed that the Director General of Police shall call for affidavit to be filed by Shri Vipul Shrivastava who is on deputation to the Central Government.
List this case on 26 th July, 2023 on top of the list.
(VIVEK AGARWAL) JUDGE vy Signature Not Verified Signed by: VAIBHAV YEOLEKAR Signing time: 7/12/2023 7:44:49 PM 4 Signature Not Verified Signed by: VAIBHAV YEOLEKAR Signing time: 7/12/2023 7:44:49 PM