(1.) Mr. Lalit Kumar, Advocate present for the petitioner. Mr. N.P. Shah, Standing Counsel, present for the State/respondent Nos. 1 to 3.
(2.) The petitioner before this Court is Sub-Inspector in Uttarakhand Civil Police. He has challenged before this Court two orders, the first order is dated 22.06.2009 and the second order is dated 04.01.2010. By first order dated (22.06.2009 annexure-1 to the writ petition) the Chairman of State Police Complaints Authority has given a finding that the petitioner has committed an act of serious misconduct, which stands proved against him and hence he should be placed at the lowest pay scale of Sub-Inspector for a period of five years. This Court has been informed that on these recommendations nothing further has been done but another order dated 04.01.2010 (annexure-2 to the writ petition) passed by the Police Complaint Authority, a charge sheet has been given to the petitioner by the inquiry officer. The main ground for challenge of the said proceeding by the petitioner before this Court was on jurisdiction of the State Police Complaints Authority. In the State of Uttarakhand, the main act relating to Police and its establishment is the Uttarakhand Police Act 2007. Chapter VIII of the said Act is regarding "Police Accountability", which defined from Section 62 to 76 of the Uttarakhand Police Act.
(3.) Section 64 of the Uttarakhand Police Act 2007 speaks about a State Police Complaints Authority, which read as under:-