RATAN SINGH YADAV Vs. STATE OF UP

JUDGEMENT

(1.) The petitioner, an Inspector of the U.P. Police Services, decorated with a President's award, is before this Court questioning the wisdom of the State in having taken a decision to hold a de novo enquiry against the petitioner in relation to the charges framed on him, through four different charge- sheets, on the ground that once the petitioner stood exonerated under the orders of the Superintendent of Police, the State Government could not have initiated a de novo enquiry in the purported exercise of powers under Rule 25 (b) of the Uttar Pradesh Police Officers of Subordinate Ranks (Punishment and Appeal) Rules, 1991 (hereinafter referred to as "the 1991 Rules").

(2.) The background of the case is that the petitioner was posted as an Inspector at Kotwali Mugalsarai, District Chandauli. The petitioner in an incident that occurred on 28th November, 2006 arrested three persons found to be in possession of fire arms without having any valid license. One of the accused had a political connection as he happened to be the husband of the Block Pramukh of Behraini, District Chandauli and a close associate of the then local M.L.A. Sri Ram Kishun Yadav, who later on is alleged to have become a Member of Parliament. The aforesaid arrest led to the annoyance of the local M.L.A. who called upon the Deputy Inspector General of Police, Varahasi Range, Varanasi to forthwith suspend the petitioner and as a result whereof, the petitioner came to be suspended on 1st December, 2006. The grounds for suspension recited in the order were misbehaviour with the local M.L.A., Mugalsarai Sri Ram Kishun Yadav. Aggrieved the petitioner filed Civil Misc. Writ Petition No. 66493 of 2006 and the suspension order dated 1 st December, 2006 was stayed on 8.12.2006. The said writ petition was opposed by the said M.L.A. on its filing and immediately after passing of the interim order, on the very next day, the petitioner came to be transferred. This transfer order was also challenged in Civil Misc. Writ Petition No. 68231 of 2006, in which an interim order was granted on 14.12.2006.

(3.) Inspite of the aforesaid interim orders, the compliance was not made. Consequently, a Contempt Application No. 68 of 2007 was filed. On the filing of the contempt application, the petitioner was given charge of Kotwali Mugalsarai and accordingly the contempt application was dismissed on 9.2.2007.