NARMADA PD. YADAV versus STATE OF M.P. AND ORS.

NARMADA PD. YADAV versus STATE OF M.P. AND ORS.

The penalty imposed upon the appellant cannot be sustained as there was absolutely no evidence to prove the charge of illegal detention or demand and receipt of bribe; disciplinary action must be based on evidence.

Parties
Appellant: Narmada Pd. Yadav; Respondents: State of M.P. and Ors.
Jurisdiction
India
Judgment Date
03 November 2006
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed; judgments of the M.P. Administrative Tribunal and the High Court set aside.
Legal Topics
Disciplinary Proceedings, Reversion, Police Misconduct, No Evidence
Service Law Disciplinary Proceedings Reversion Police Misconduct No Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Narmada Pd. Yadav

Appellant

State of M.P. and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether there was sufficient evidence to support the disciplinary action against the appellant
  2. 2 Whether reversion to the post of Constable as penalty was justified

Ratio Decidendi

The penalty imposed upon the appellant cannot be sustained as there was absolutely no evidence to prove the charge of illegal detention or demand and receipt of bribe; disciplinary action must be based on evidence.

Court Disposition

Appeal allowed; judgments of the M.P. Administrative Tribunal and the High Court set aside.

Orders

  • Punishment inflicted on appellant set aside.
  • Period of two years on reverted post to be treated as duty as Head Constable with consequential monetary benefits.