Prima Facie Unfit For Service Due To 'Weak Memory': Madhya Pradesh HC Orders Inquiry Against SHO For Failure To Produce Case Diary

Justice Vivek Agarwal also took exception to the "lame excuse" given by the officer that the case diary could not be produced as he had forgotten about the same given his busy schedule.

"This explanation given by the Incharge Station House Officer Satish Mishra S/o.Santosh Mishra reveals that prima facie he is not fit to continue in police service because his memory is weak and he could not produce the case diary despite several reminders, which were sent from of the Office of the Advocate General..." the Bench observed. 

It therefore ordered the Superintendent of Police, Sidhi conduct a departmental enquiry against the said SHO and also consider the case for taking disciplinary action for major penalty.

The Bench noted that there is an admission that the SHO had not presented the case diary despite instructions of the Court, which amounts to obstructing the work of the Court and indirectly amounts to committing contempt of the orders of the Court.

The Court was essentially dealing with an application for anticipatory bail, wherein the court had been calling for the case diary in the respective case for four consecutive hearings.

Despite the continuous orders issued by the High Court, the SHO failed to produce the case diary. Taking notice of the situation, the Court, vide order dated 19.01.2022, directed the SHO concerned to file a personal affidavit, giving reasons as to why he failed to produce the case diary despite being repeatedly directed to do so.

On the next date of hearing i.e., 21.01.2022, the Court perused the affidavit submitted by the SHO concerned, wherein he stated – "Vyastata Ke Karan Bhoolvash Case diary Prastut Nahi Ki Ja Saki Thi" (Rough Translation: Owing to his busy schedule, he forgot to /mistakenly could not produce the case diary).

The explanation given by the Officer did not go down well with the bench.

The Court expostulated its strong unacceptance and ordered thus:

"Let enquiry be conducted by the Superintendent of Police, Sidhi and appropriate disciplinary action be taken against the delinquent Station House Officer Churhat, District Sidhi under intimation to the Registrar General of this Court within thirty days from the date of communication of this order."

So far as the anticipatory bail application is concerned, the same was dismissed as withdrawn with liberty to the applicant to surrender before the Trial Court & apply for regular bail.

Case Title: Sukhendra Chaturvedi v. State of Madhya Pradesh

Case No: MCRC No. 60062 of 2021

Citation: 2022 LiveLaw (MP) 11

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