PRAVINA SOLANKI Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed against the impugned order dated 2.8.1989, Annexure-8 to the petition dismissing the petitioner from service and the appellate order dated" 30.11.1989 passed by the D.I.G., Agra and the revisional order dated 24.3.1991 passed by the D.G.P., U. P. as well as the judgment dated 1.6.1995, Annexure-10 to the writ petition passed by the U. P. Public Service Tribunal.

(2.) We have heard learned counsel for the parties. The petitioner was a lady constable in the U. P. Police. After due selection in 1982, she was appointed and in 1986 she was posted at Firozabad, district Agra. In para 2 of the petition, it is alleged that her work and conduct was good and she was awarded good entries. In para 3. It is alleged that in 1983 in the Ml India Police Meet, the petitioner was awarded first prize in the dance competition and she won other prizes.

(3.) In para 4, it is alleged that when the petitioner was posted at Firozabad, her younger sister Anjali developed some serious medical trouble, hence her mother took a room on rent in Agra and brought Km. Anjali for treatment at Agra and both started living there together. The petitioner often visited them. Various facts have been alleged in the petition but it would not be necessary to go into the same. All that is necessary to mention is that the petitioner has alleged that due to some enmity, the Dy. S.P. the respondent No. 5 raided her residence on 30.12.1987 at about 11.30 p.m. and arrested the petitioner and one Jagdish Saran Joshi, a guest of the petitioner's mother in order to defame the petitioner and get her removed from service. They were medically examined and the petitioner was suspended on 2.1.1988 by order of the S.S.P.. Agra. The petitioner was charge-sheeted on 31.10.1988 vide Annexure-6 to the petition. In this charge-sheet, it is alleged that on the night of 30/31.12.1987, the petitioner was found at her residence under influence of liquor and sleeping with Jagdish Saran Joshi in the same bed. Bottles of liquor and some rifle, guns and cartridges were also recovered. On the basis of the said charge-sheet, an inquiry was held against the petitioner. True copy of the Inquiry report dated 28.2.1989 is Annexure-7 to the petition. Thereafter vide order dated 2.8.1989 the petitioner was dismissed from service. Her appeal before the D.I.G. was also dismissed and the revision before D.G.P. vide Annexure-9 also failed. The petitioner then approached the U. P. Public Services Tribunal but her petition was dismissed vide Annexure-10 to the writ petition. Hence this writ petition.