TARKESHWAR THAKUR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Siddharth Khare, Learned Counsel for the petitioner and learned Standing Counsel for the respondents.

(2.) Petitioner, who was working as Head Constable at Police Station Saidpur, District Ghazipur, lodged First Information Report on 7.7.2004 that some arms and ammunitions and Rs. 5000/- was stolen from the store of the Police Station. Superintendent of Police directed a preliminary enquiry to be conducted by Circle Officer, Saidpur, Ghazipur. He submitted a preliminary report recommending dismissal of the petitioner from service without any enquiry under Rule 8 (2) (b) of the U.P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rules, 1991 (hereinafter referred to as 'Rules of 1991'). On the basis of the said recommendation in the preliminary enquiry report, Superintendent of Police passed an order dated 14.12.2004 dismissing the petitioner from service without holding any enquiry invoking the powers conferred by Rule 8 (2) (b) of the Rules of 1991. Petitioner went up in appeal which was dismissed on 16.5.2005. The orders were challenged by filing a revision which has also been dismissed on 21.4.2006. Aggrieved, the petitioner has approached this Court.

(3.) Learned Counsel for the petitioner has submitted that the impugned orders are arbitrary, discriminatory and has been passed in violation of principles of natural justice. It has further been submitted that no reason has been assigned in the order for dispensing with the departmental enquiry nor there is any material on record in the counter-affidavit which may go to show that it was not reasonably practicable to hold an enquiry.