LALIT DEWARI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioner has approached this Court seeking the following reliefs:-

(2.) Brief facts of the case are that the petitioner was posted as Platoon Commander in PAC. By an order dtd. 19/9/2015, petitioner was placed under suspension. Subsequently, the said suspension order was revoked by order dtd. 18/4/2016. On 21/11/2016, a show cause notice was issued to the petitioner calling his explanation as to why only subsistence allowance may not be paid to him for the period 19/9/2015 to 18/4/2016. Petitioner submitted his reply to the show cause notice. Meanwhile, respondent issued another show cause notice to the petitioner calling upon him to explain as to why censure entry may not be given to him for the assessment year 2017. Thereafter, on 16/11/2017, final order was passed whereby censure entry was given to the character roll of the petitioner for the assessment year 2017 under Rule 14(2) of the Uttarakhand Subordinate Police Officer Punishment and Appeal Rules, 1991 (for short, 1991 Rules). Being aggrieved, petitioner preferred an appeal before the Inspector General of Police, PAC, which was rejected vide order 20/3/2018. Thereafter, the petitioner preferred a revision before the Director General of Police under Rule 23 of the 1991 Rules. By the impugned order/letter dtd. 14/9/2018, revision was returned to the petitioner on the ground that under the Uttarakhand Police Act, 2007, only one appellate forum is available and no revision lies.

(3.) Counter affidavit has been filed on behalf of respondent nos.2, 3 and 4 wherein it is stated that earlier in Rule 23 of Uttarakhand Subordinate Police Officer Punishment and Appeal Rules, 1991 and amended Rules, 2002 for the Uttarakhand Subordinate Cadre Police Officers, there was a provision to prefer a revision against the appellate order but in the year 2007 the Uttarakhand Police Act, 2007 has been promulgated and in the Uttarakhand Police Act, 2007 there is no provision to challenge the appellate order in revision. As such, the rule 23 of Uttarakhand Subordinate Police Officer Punishment and Appeal Rules, 1991 is not applicable now. Therefore, the revision preferred by the petitioner against the appellate order has been returned to the petitioner.