JABALPUR, India, June 10 -- Madhya Pradesh High Court issued the following judgment/order on May 13:

1. The present intra-court appeal has been filed under Section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 arising out of the order dated 18.11.2008 passed by learned Single Judge of this Court in W.P. No.9814/2003, whereby the penalty of dismissal from service awarded to the appellant/writ petitioner has been confirmed and the writ petition has been dismissed.

2. It is contended by learned counsel for the appellant while assailing the order of dismissal from service that the writ petitioner was working as Constable in M.P. Police and was appointed in the year 1981. In the year 1993, when he was posted in Police Line, Jabalpur his father got seriously ill in November, 1993 and the appellant submitted an application for leave on 08.11.1993 to the Reserve Inspector, so that he could take care of his father and take him for medical assistance. He was told that he should attend duties on 09.11.1993 and may take his father to Doctor after 10.11.1993. Incidentally, his father shortly thereafter expired on 14.11.1993.

3. On 09.11.1993, the appellant and another constable namely Jagendra Singh were allotted duty for taking four accused persons namely, Ashok, Murat, Sitaram and Ashok (two accused were named Ashok) to the Court of Seventh Additional Sessions Judge, Jabalpur. They brought the said four accused persons from the Central Jail, Jabalpur to Sessions Court, Jabalpur on foot and after depositing the warrant of the accused persons in the Court, they started waiting for their call in the Court. The other Constable, Jagendra Singh went to take lunch and petitioner alone remained on duty guarding the accused. In between one accused Sitaram told the petitioner/appellant that he is suffering from dysentery and wanted to attend the call of nature. The petitioner had asked him to wait till the other Constable comes back and on return of said other Constable namely Jagendra Singh, the petitioner/appellant informed him about the request of accused Sitaram and after obtaining a separate chain from Roopkari In-charge Nathulal, the petitioner chained accused Sitaram in separate chain and handcuff and took him to toilet situated in the Court premises after intimating Jagendra Singh.

4. It is further contended that accused Sitaram went inside the toilet and petitioner/appellant stood outside the door to guard him, but after sometime the door of the toilet suddenly banged against the head and face of the petitioner and as a result, he fell down and lost his senses for some time i.e. for one or two minutes and when he recovered from this shock, he immediately checked the toilet and found that the accused had fled. Despite searching for him at all nearby places and in the Court premises, he could not find the accused Sitaram, then he rushed to fellow Constable Jagendra Singh and intimated about the happening and the higher authorities were intimated.

5. It is also contended that his repeated requests to get his own medical examination carried out were not acceded to by the authorities in which the injuries received by him as a result of blow of toilet door could have been brought out. An FIR was lodged against him under Section 222/224 of I.P.C. and he was produced before the Magistrate who enlarged the petitioner/appellant on bail bond on 10.09.1993. Thereafter, he went to attend his ailing father, who expired on 14.11.1993. After return to duty, he was handed over a charge sheet dated 06.12.1993 on 17.12.1993, wherein charge was leveled that he willfully aided accused Sitaram to abscond from custody and exhibited doubtful conduct and negligence from duties by taking accused Sitaram separately by himself to attend Court date.

*Rest of the document can be viewed at: (https://mphc.gov.in/upload/jabalpur/MPHCJB/2009/WA/287/WA_287_2009_FinalOrder_13-05-2025.pdf)

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