SURYA NARAIN SINGH Vs. STATE

JUDGEMENT

(1.) The present writ petition has been filed under Article 226 of the Constitution of India by the Petitioner, inter alia, praying for quashing the order dated 10.10.1986 (Annexure - 6 to the writ petition) passed by the Superintendent of Police, Bijnor (Respondent No. 2), the order dated 28.2.1990 (not filed) wrongly mentioned as order dated 30.11.1988 passed by the Deputy Inspector General of Police, Moradabad Region, Moradabad (Respondent No. 3), the order dated 26.2.1992 (Annexure - 8 to the writ petition) passed by the Inspector General of Police, Bareilly Zone, Bareilly (Respondent No. 4), the judgment and order dated 24.7.1995 (Annexure - 9 to the writ petition) passed by the State Public Services Tribunal (in short 'Tribunal') and the order in review dated 10.9.2002 (Annexure - 10 to the writ petition) passed by the Tribunal.

(2.) It appears that the Petitioner was appointed in the year 1961 on the post of Constable, U.P. Police. When the Petitioner was posted in the district Bijnor, disciplinary proceedings were initiated against him and a charge-sheet dated 24.12.1985 was issued to him. The charge levelled against the Petitioner, in the said charge-sheet, was that while the Petitioner was posted in the Police Line, Bijnor he got a news-item published in the newspaper "Uttar Bharat Times, Bijnor" on 28.7.1985 without prior permission of the superior officers. The news-item which was allegedly got published by the Petitioner along with another Constable Baburam Pal was also reproduced in the charge-sheet. Copy of the charge-sheet has been filed as Annexure -1 to the writ petition.

(3.) In the enquiry conducted against the Petitioner in regard the aforesaid charge, a report dated 6.9.1986 was submitted by the Inquiry Officer holding that the charge against the Petitioner was established and recommending for dismissal of the Petitioner from police service. Thereupon a show-cause notice dated 15.9.1986 was issued by the Superintendent of Police, Bijnor (Respondent No. 2) to the Petitioner. The Petitioner submitted his reply dated 24.9.1986 to the said show-cause notice.