LALCHAND YADAV Vs. STATE OF U P

JUDGEMENT

(1.) PRADEEP Kant, J. The petitioner, who is a Police Constable has challenged the order of dismissal from service dated 23-1- 2001 passed by the Superintendent of Police, Balrampur contained in Annexure 3 to the writ petition.

(2.) AN FIR was lodged against the petitioner under Section 8. 20 of the Narcotic Drugs and Psychotropic Substances Act while he was posted as Police Constable in Thana Kotwali, Balrampur. Subsequently a charge-sheet was filed and the petitioner was tried in Special Criminal Case No. 11 of 2000 in the Court of Sessions Judge, Balrampur. The petitioner was convicted vide judgment and order dated 12-12-2000 and was sentenced to 10 years RI and a fine of Rs. one lac was imposed upon him. Against the said judgment the petitioner has preferred a criminal appeal in the High Court which has been admitted. The High Court while admitting the appeal has allowed bail to the petitioner vide order dated 8-1-2001 and realization of fine was also stayed.

(3.) IN a case where a person is dismissed, removed or reduced in rank on the ground of conduct which was led to his conviction on a criminal charge, the authority is obliged to apply its mind and pass the order of punishment after considering the conduct of such person which was led to his conviction on a criminal charge. Merely on the basis that the person has been convicted, an order of punishment cannot be passed.