PRADEEP KUMAR Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri Saharsh, learned Standing counsel appearing for the State-respondents.

(2.) The present petition has been filed praying for quashing of the order dtd. 30/3/2018 passed by the respondent no. 2, a copy of which is annexure 2 to the writ petition by which the petitioner has been dismissed from service as well as the order dated 25/27/7/2018 passed by the respondent no. 3, a copy of which is annexure 3 to the writ petition by which the appeal filed by the petitioner against the dismissal order has been dismissed. A further prayer is for a mandamus commanding the respondents to reinstate the petitioner in service.

(3.) Bereft of unnecessary details, the facts set forth by the petitioner is that an incident took place on 29/3/2018 wherein the petition is alleged to have gone to the office in a drunken state, of having threatened the service personnel working there and having opened the armoury, taken out a rifle and having cocked the same and threatened the personnel. The petitioner was counselled, caught and taken for medical examination wherein he was found to be drunk. The petitioner was placed under suspension and thereafter through the impugned order dtd. 30/3/2018, a copy of which is annexure 1 to the writ petition, the petitioner has been dismissed from service by invoking Rule 8 (2) (b) of the Uttar Pradesh Subordinate Police Officers (Punishment and Appeal) Rules, 1991 (hereinafter referred to as "Rules, 1991"). The petitioner had initially approached this Court by filing Writ Petition No. 22292 (SS) of 2018 Inre; Pradeep Kumar Vs. State of U.P and Ors which was disposed of with a direction to the respondent no. 3 to decide the pending appeal of the petitioner. The appeal has been rejected vide order dated 25/27/7/2018, a copy of which is annexure 3 to the writ petition and hence the present petition.