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High Court Of ChhattisgarhWPS/2300/2016dismissed

Virendra Saxena v. State Of Chhattisgarh

2016-07-14Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 2300 OF 2016 Virendra Saxena S/o Jang Bahadur Saxena age about 55 years resident of House of Shri Ram Das Pratapati Hathi Gadda Bhind District Bhind Madhya Pradesh ---- Petitioner

Versus

1. State of Chhattisgarh through Secretary Department of Home and Police Mantralaya Mahanadi Bhawan New Raipur Chhattisgarh

2. The Director General of Police Raipur District Raipur Chhattisgarh

3. The Commandant 3rd Battalion Special Armed Force Amaleshwar Durg Chhattisgarh

4. State of Madhya Pradesh through Secretary Department of Home and Police Mantralaya Vallabha Bhawan Bhopal Madhya Pradesh

5. The Director General of Police Bhopal Bhopal Madhya Pradesh

6. The Deputy Superintendent of Police Special Armed Force Jabalpur Madhya Pradesh

7. The Commandant 16th Battalion Special Armed Force Sagar Madhya Pradesh ---Respondents For Petitioner : Mr. Ravi Kumar Bhagat, Advocate For Respondents/State : Mr. S.P. Kale, Deputy Advocate General Hon'ble Shri Justice Manindra Mohan Shrivastava Order on Board 14/07/2016 1.

Heard on admission.

2.

This petition has been filed by the petitioner assailing the correctness and validity of orders dated 1.3.2016 and 28.3.2016, collectively filed as Annexure-P/1.

3.

Learned counsel for the petitioner submits that rejection of petitioner's representation for reconsideration on the aspect of quantum of punishment is illegal and arbitrary. He further submits that even if the

allegations are found proved, nature and gravity of misconduct in light of mitigating circumstances, it has no warrant for imposing extreme penalty. He further submits that the penalty of dismissal from service is shockingly disproportionate to the gravity of misconduct. 4.

I am afraid, the submission cannot be accepted in the second round of litigation. In the earlier round of litigation, writ petition has been dismissed by this Court on 29.10.2015 on merits and subsequently writ appeal was withdrawn on 11.12.2015 without any liberty. 5.

This petition is totally misconceived in law and therefore, it is dismissed accordingly.

Sd/- (Manindra Mohan Shrivastava) Judge Tiwari