SHANKER PAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Adarsh Bhushan, learned counsel for the petitioner and learned Standing Counsel for the State respondents. Pleadings have been exchanged between the parties and with the consent of the learned counsel for the parties, writ petition is being finally disposed of under the Rules of Court.

(2.) The petitioner was recruited and appointed as a constable in the Armed Police on 14.4.1978. In the year 2004 while the petitioner was posted at Police Lines, Agra an order was passed by the Inspector, Reserve Police Lines, Agra constituting a police party headed by a Head-Constable alongwith three constables including the petitioner to take the accused Chandra Sen lodged in the Central Jail, Agra to be produced in the Court at Bareilly, Nainital and Shahjahanpur. After producing the said accused in the concerned Court, he was lodged back in the central jail, Agra. However, on 1.9.2004 a First Information Report was lodged by one Fahim Khan at P.S. Faridpur, district Bareilly which was registered as case crime No. 457 of 2004 under Section 364 and 120B.I.P.C. on the allegation that his two nephews have been kidnapped by 20 to 30 persons. Nobody was named in the F.I.R. After investigation of the said case, the police submitted charge-sheet against certain persons. However, the petitioner was not named in the said charge-sheet.

(3.) Vide order dated 16.6.2005 passed by the Senior Superintendent of Police, Agra, the petitioner was placed under suspension on charges of having found guilty during the course of investigation of case crime No. 457 of 2004 under Section 364 and 120B I.P.C. Subsequently, an order dated 25.4.2006 was passed by the Senior Superintendent of Police, Etah dismissing the petitioner from the service in exercise of power under Rule 8(2)(b) of U.P. Police Officers' of the Sub-ordinate Rank (Punishment & Appeal) Rules, 1991. The reason given in the order is that the petitioner has failed to discharge his duties and took the accused Chandra Sen in a hotel and allowed him to meet his gang and extended help to the said accused in committing crime of abduction which has resulted in lowering the image of the police force and in the event, he is allowed to continue in the force the same may result in breeding further indiscipline amongst the force.