SANDEEP KUMAR Vs. STATE OF U. P.

JUDGEMENT

(1.) The petitioner has approached this Court challenging the impugned order dated 29.09.2018 by which the Senior Superintendent of Police, Lucknow has dismissed the petitioner from service and the order dated 20.05.2019 by which the representation/ appeal of the petitioner has also been dismissed by the Inspector General of Police (Establishment), Lucknow.

(2.) Brief facts of the case are that the petitioner was appointed on 02.11.2016 as Constable. When the petitioner was posted as Constable at Police Station Gomti Nagar, Lucknow, an FIR with Case Crime No.1132 of 2018, under Section 302 IPC was lodged on 29.09.2018 at 4:57 hours by one Ms. Sana alleging therein that when she was going to her home along with her colleague Vivek Tiwari in the night, their car was parked near City Montessori School, Gomti Nagar Extension. Two policemen came in front of the car. They tried to go away from there, the police personnel tried to stop the car and thereafter, one shot was fired. However, Vivek Tiwari drove the car but after sometime, it collided with the wall at underpass and then the complainant witnessed that Vivek Tiwari was profusely bleeding from his head. Police came there and Vivek Tiwari was taken to the hospital where he died. On the date of occurrence, the petitioner was arrested and sent to jail and vide Office Order dated 29.09.2018, the petitioner was placed under suspension. The inquiry was assigned to the Circle Officer, Alambagh, Lucknow and on the basis of his report dated 29.09.2018, the petitioner has been dismissed from service on the same day exercising powers conferred under Rule 8(2)(b) of the U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 read with Article 311 (2)(b) of the Constitution of India. Against the order of suspension, the petitioner filed a Writ Petition No.12911 (SS) of 2019, which was dismissed as not pressed vide order dated 22.05.2019. Vide order dated 03.01.2019, the petitioner was released on bail.

(3.) On 30.09.2019 at about 18:57 hours another FIR in Case Crime No.1140 of 2018, under Section 302 IPC was lodged at Police Station Gomti Nagar, Lucknow by Smt. Kalpana Tiwari wife of late Vivek Tiwari against the petitioner and co-accused Prashant Chaudhary alleging therein that the co-accused Prashant Chaudhary has murdered her husband Vivek Tiwari who was working as Area Sales Manager in Apple Company. The said FIR of Case Crime No.1140 of 2018 was clubbed with Case Crime No.1132 of 2018.