PRATAP SINGH TOMAR Vs. STATE OF U P

JUDGEMENT

(1.) -The petitioner, a Removed Police Constable, has come up with a prayer to quash the order dated 1.12.1989 of removal of his service passed by the Superintendent of Police, Fatehpur (as contained in Annexure-4), the appellate order dated 12.1.1991 dismissing his appeal preferred against the aforementioned order (as contained in Annexure-6A) passed by the D.I.G. of Police, Allahabad Region and the order dated 14.7.1995 passed by the U. P. Public Services Tribunal rejecting his claim petition (as contained in Annexure-6).

(2.) HIS case set up in this writ petition and the supplementary-affidavit dated 11.7.2000 is to this effect :

(3.) MR. Bala Krishna Narayana, learned counsel appearing on behalf of the petitioner, contended as follows : (i) Since the petitioner was posted at the residence of Anis and was personally knowing the fact that at the time of committal of the alleged incident Anis was at his residence, he filed his affidavit before the Chief Judicial Magistrate, Fatehpur in the bail petition of Anis which was in the nature of the judicial inquiry and consequently in terms of Rule 8 (iii) of the conduct rules prior permission of higher police authorities was not required to be taken by him and this legal position has been completely misconceived. (ii) In any view of the matter the order of removal of the petitioner was shockingly disproportionate to his alleged misconduct and a lighter punishment should have been awarded to him. (iii) The orders impugned, thus, are liable to be quashed.