DEEPAK MALIK Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) WHILST the petitioner was posted as Station Officer, Police Station Ranipur in District Haridwar, during the year 2001, he allegedly committed some misdemeanours. The aforesaid misdemeanours were committed after the reorganisation of the composite State of Uttar Pradesh. Consequent upon the reorganisation of the composite State of Uttar Pradesh, the petitioner was allocated to the successor State of Uttar Pradesh. In sum and substance, therefore, the petitioner must be deemed to be an employee of the successor State of Uttar Pradesh with effect from 9.11.2000. Based on the eventual allocation of the petitioner to the successor State of Uttar Pradesh, he was relieved by the State of Uttarakhand on 28.11.2004, whereafter he assumed his duties in the successor State of Uttar Pradesh.

(2.) AFTER the petitioner was relieved, a Show Cause Notice dated 29.9.2005 was issued to the petitioner by the Senior Superintendent of Police, Haridwar, based on the alleged misdemeanours of the year 2001. Having received the response of the petitioner, he was awarded the punishment of censure. The petitioner assailed the same by preferring an Appeal. The Appellate Authority, however, dismissed the Appeal preferred by the petitioner vide an order dated 26.5.2007. Thereafter, the petitioner filed a Review Petition, which was also dismissed on 21.11.2007.

(3.) LEARNED counsel for the respondents could not dispute the fact, that after the reorganisation of the composite State of Uttar Pradesh with effect from 9.11.2000, the petitioner became an employee of the successor State of Uttar Pradesh. Thereafter, action could have been initiated against the petitioner in terms of his service rules by his superiors from the successor State of Uttar Pradesh. The Show Cause Notice dated 29.9.2005 was issued to the petitioner by the Senior Superintendent of Police, Haridwar i.e. an Officer of the successor State of Uttarakhand.