SUDHIR KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner challenging the dismissal order dated 21.6.2009 and the appellate order dated 5.10.2010.

(2.) BRIEF facts of the case are that the petitioner while posted as constable in the police out post GRP Mailani, police station G.R.P. Lakhimpur Kheri was assigned the Escort Duty of Train No. 190 Down, Gonda Mailani Passenger alongwith one other constable Ram Singh. When the said passenger train reached the railway station Tikoniya, one Dinesh Kumar alongwith his wife Smt. Kavita Devi and two year old daughter boarded the train and Dinesh Kumar Kumar tied his bicycle on the window of the passenger train. It is further alleged that the petitioner alongwith constable Ram Singh demanded ticket from Dinesh Kumar in respect of bicycle and also demanded money from Smt. Kavita. On their refusal to give money for the ticket, an altercation ensued between petitioner and constable Ram Singh with Dinesh Kumar and Smt. Kavita Devi and as a result of the altercation, it is alleged that the petitioner and constable Ram Singh pushed Smt. Kavita Devi and her two year old daughter out of the moving train, which resulted in the death of Smt. Kavita Devi and her child as she was pregnant at that time and also resulted in serious injuries to her two year old daughter. A criminal case No. 45 of 2009, under Sections 304, 383 and 384 I.P.C. was lodged against the petitioner and constable Ram Singh and by order dated 19.6.2009, the department also placed these two persons under suspension because of their involvement in the criminal case. Subsequently without holding any departmental enquiry the petitioner was dismissed from service by the respondent No. 3 in exercise of powers under Rule 8 (2) (b) of the U.P. Police Officers of the Sub Ordinate Ranks (Punishment and Appeal) Rules 1991.

(3.) IN the counter-affidavit a plea has also been taken that the petitioner has remedy by way of filing revision before the INspector General of Police (Railway) under Rule 23 of U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 and further remedy for filing petition before U.P. State Public Service Tribunal, Lucknow.