RAJ KUMAR GAUTAM Vs. STATE OF U P

JUDGEMENT

(1.) Writ petition has been restored to its original number vide order of date passed on recall application. As requested by learned counsel for the parties, the writ petition is taken up for hearing and is being disposed of finally.

(2.) This writ petition is directed against the punishment order dated 25.01.2009 and the appellate order dated 11.07.2009 whereby the punishment of withholding of integrity has been imposed by petitioner and his appeal thereagaisnt has been rejected.

(3.) Learned counsel for the petitioner contended that the said punishment is without jurisdiction since under Rule 4 of U.P. Police officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 (hereinafter referred to as the "Rules, 1991") there is no such punishment like withholding of integrity and, therefore, imposition of said punishment is wholly without jurisdiction. He placed reliance on an Apex Court's decision in State Bank of India and others Vs. T.J. Paul, 1999 3 JT 385 and a recent decision in Vijay Singh Vs. State of U.P. and others, 2012 4 JT 105 wherein the Apex Court has said that punishment not prescribed in Rules cannot be imposed upon a delinquent employee as a result of departmental inquiry. The Court in para 11 of the judgement in Vijay Singh said: