The State of M.P. & Ors. Versus Yogesh Pathak

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

WA, 285 of 2021, Judgment Date: Aug 31, 2021

Law laid down:-

(i) If the purpose of the enquiry is not to find out the truth of the allegations of misconduct but to decide whether to retain the employee against whom a cloud is raised on his conduct such enquiry only serves as a motive for the termination. But where the enquiry is held wherein on the basis of the evidence a definite finding is reached at the back of the employee about his misconduct and such finding forms the basis or foundation of the order of termination, such order would be punitive.{Referred and relied :-Radhey Shyam Gupta Vs. U.P. State Agro Industries Corporation Ltd., (1999) 2 SCC 21 and Ratnesh Kumar Choudhary Vs. Indira Gandhi Institute of Medical Sciences, Patna, Bihar and Others, (2015) 15 SCC 151};

(ii) Regulation 59 of M.P. Police Regulation gives sufficient authority to the employer to get rid of unsuitable Police personnel,who in the opinion of Superintendent of Police cannot become a satisfactory Police Officer;

(iii) Long absence of Police Constable from training would attract the rigours of Regulation 59 of M.P. Police Regulation. Termination held valid and interference in termination declined.

The State of M.P. & Ors. Versus Yogesh Pathak