STATE OF UTTAR PRADESH Vs. RAM DARAS YADAV

JUDGEMENT

(1.) Leave granted.

(2.) Brief facts which are necessary to dispose of this appeal are recapitulated as under:

(3.) The respondent while on security duty on 19.2.1990 from 0200 hours to 0400 hours aimed rifle at Gajendra Kumar Singh and threatened to eliminate him. A preliminary enquiry was conducted in the aforesaid incident by the Company Commander who prima facie found that the respondent had behaved in an indisciplined manner and he also made an unsuccessful attempt to harm his colleague constable Gajendra Kumar Singh. It was concluded in the preliminary enquiry that the reputation of the force had also been lowered by the said constable Gajendra Kumar Singh. Hence, both the respondent and constable Gajendra Kumar Singh were placed under suspension and it was recommended that the proceedings be launched against them under Section 7 of the Police Act and departmental proceedings be conducted against the aforesaid persons under para 490 of the U.P. Police Regulations.