DAYA SHANKAR TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) BY the Court?Heard Sri R.N. Singh, learned Senior Advocate, assisted by Sri Chandra Kumar Rai for the petitioner-appellants. Sri J.KTiwari, learned standing counsel appears for the respondents.

(2.) IN this intra Court appeal under Chapter VIII, Rule 5 of the Rules of the Court, the petitioner-appellants have challenged the judgment of learned Single Judge dated 28.4.2009 by which he declined to interfere with the dismissal order passed against the petitioner-appellants without holding departmental enquiry under Rule 8 (2) (b) of the U.P. Police Officers of Subordinate Rank (Punishment and Appeal) Rules, 1991 (in short the Rules of 1991).

(3.) LEARNED Single Judge referred to the judgment of the Supreme Court in State of U.P. and another v. Ram Vinai Sinha, in SLP (Civil) No. 11757 of 2007 cited by the counsel for the petitioner in which it was held that since a stigma was caused to the employee while discharging his services, an opportunity of hearing should have been given.