High Court Of ChhattisgarhWPS/1793/2020disposed off

Dhananjay Dewangan v. State Of Chhattisgarh

2020-03-18Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1793 of 2020 • Dhananjay Dewangan, S/o Shri Tilak Ram Dewangan, Aged About 30 Years R/o Ward No. 03, Shitlapara, Simga, Police Station And Tahsil Simga, District Baloda-Bazar-Bhatapara, Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, Department Of Home/police, Mahanadi Bhawan, Mantralaya, Police Station And Post Rakhi, Atal Nagar, Raipur, District Raipur, Chhattisgarh

2. Director General Of Police (D.G.P.) Police Headquarters (PHQ), Near Mahanadi Bhavan, Police Station And Post Rakhi, Atal Nagar, Raipur, District Raipur, Chhattisgarh

3. Inspector General Of Police (I.G.P.) Office Of Inspector General Of Police (I.G.P.), Shankar Nagar, Raipur, District Raipur, Chhattisgarh.

4. Superintendent Of Police (S.P.) Office Of Superintendent Of Police (S.P.), Baloda-Bazar, District Baloda-Bazar-Bhatapara, Chhattisgarh.

5. Enquiry Officer Sub Divisional Officer (Police), Baloda-Bazar, District Baloda-Bazar-Bhatapara, Chhattisgarh

6. Presenting Officer/Station House Officer Police Station A J K, Baloda-Bazar, District Baloda-Bazar-Bhatapara, Chhattisgarh ---- Respondents For Petitioner :

Shri Abhishek Pandey, Advocate For Respondents/ State :

Shri Ravish Verma, P.L.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 18/03/2020

1. The challenge in this petition is to the show cause notice issued to the petitioner (Annexure P-8) dated 11.02.2020, wherein the petitioner has been asked to reply to the findings which has been recorded during the enquiry.

2. Learned counsel for the petitioner would submit that the respondent/ Superintendent of Police in the prejudicial manner would pass the order who is the disciplinary authority, therefore, the Superintendent of Police may be directed to take into account all the aspects including the defence of the petitioner.

3. It goes without saying when the show cause notice (Annexure P-8) is issued to reply the finding of the enquiry, in case reply is filed the respondents shall consider all the materials including defence of petitioner and pass the order.

4. With the aforesaid observation, the writ petition stands disposed of. Sd/- Goutam Bhaduri Judge Jyoti