KAILASH NATH DWIVEDI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri S.K. Tiwari, learned Counsel for the petitioner as well as learned Standing Counsel and perused the records. The writ petition has been filed challenging the order dated 18.2.2010 whereby the petitioner has been dismissed from service in exercise of power under Rule 8(2)(b) of U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 (hereinafter referred to as Rules 1991).

(2.) Learned Counsel for the petitioner submits that petitioner when posted as Inspector of Police at Police Station-Kotwali Musafirkhana, District-Sultanpur, a Case Crime No. 201/2010 under section 302 I.P.C. was registered against named accused Smt. Sangeeta for the murder of her husband on the complaint made by the mother of the deceased. During the investigation, the accused Sangeeta had tried to run away from the police station and she was caught hold by a lady constable and the petitioner had also used some force to detain her in the Police Station. On the basis of complaint of misbehavior with the said accused, the petitioner was placed under suspension by order dated 17.2.2010 contained as Annexure No. 5 to the writ petition, which indicates that a disciplinary inquiry was contemplated. It is further submitted that by another letter dated 17.2.2010, Superintendent of Police, Sultanpur had directed the Circle Officer, Gauriganj, Sultanpur to hold a preliminary inquiry against the petitioner and submit his report within one week. However, in a most arbitrary, wrong and illegal manner and in clear abuse of powers, on the next date i.e., 18.2.2010, the Deputy Inspector General of Police, Faizabad Range, Faizabad by impugned order dismissed the petitioner from service.

(3.) It is vehemently submitted by learned Counsel for the petitioner that under Rule 8(2)(b) of Rules, 1991, the authority empowered to dismiss or remove a subordinate officer can exercise the power of dispensing with the inquiry before awarding a major punishment, however, reasons for dispensing with the inquiry shall be recorded in writing.