CHHOTEY LAL DUBEY Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record. This writ petition has been filed challenging the validity and correctness of the impugned order dated 7.3.2002 passed by the Member, U.P. State Public Services Tribunal, Lucknow, appended as Annexure-2 to the writ petition as well as the order dated 27.4.1995 passed by the Deputy Inspector General of Police, Railways, Allahabad, appended as Annexure-4 to the writ petition. The petitioner also challenges the order of punishment dated 18.5.1994 by which his integrity has been withheld.

(2.) Brief facts of the case as appears from the record are that the petitioner is serving as constable in civil police. He alongwith six members of the Police Escort was charged for permitting two persons to travel in Train No. 2418 Down Prayagraj Express while they were on duty as GRP Escort on the train. After preliminary enquiry a show-cause notice dated 18.5.1994 was issued to all the six persons in the escort including a Sub-Inspector and a Head Constable. They were found guilty and awarded punishment of withholding integrity certificate for one year. It appears from the charges levelled against all the six persons that there was no specific allegation against any one of them.

(3.) It also appears from the record that Sri Shyamdev, Sub-Inspector and Sri Chandrika Prasad, Head Constable preferred a representation against the order dated 18.5.1994 challenging the findings of the preliminary enquiry by pleading not guilty. The representation was decided by the Deputy Inspector General of Police, Railways, Allahabad in which two aforesaid persons were exonerated from the charge vide order dated 20.5.1995. The petitioner also preferred a representation against the order withholding of integrity which was rejected vide order dated 27.4.1995 by the Deputy Inspector General of Police, Railways, Allahabad holding the petitioner guilty while on the same facts the other two persons namely, Sri Shyamdev and Chandrika Prasad were exonerated. The petitioner, who was constable in the aforesaid escort also moved the U.P. State Public Services Tribunal, Lucknow against the order dated 18.5.1994 by preferring Claim Petition No. 1290 of 1996. It was rejected vide impugned order dated 7.3.2002 passed by the Member (Administrative), State Public Services Tribunal, Lucknow.