OM PRAKASH YADAV Vs. STATE OF U P

JUDGEMENT

(1.) BY means of the present writ petition, the petitioner has challenged his dismissal order dated 25.7.2007 whereby he has been dismissed from service in terms of Rule 8 (2)(b) of the Uttar Pradesh Police Officers of Subordinate Rank (Punishment & Appeal) Rules, 1991.

(2.) THE brief facts of the case are that the petitioner was initially appointed in the year 2004 as a constable in Provincial Armed Constabulary. He completed his one year training during the period 2005-06 and after completion of his training, he was posted at Fatehpur. While he was posted in Mirzapur, on 25.7.2007 the Commandant, 12th Battalion, Provincial Armed Constabulary, Fatehpur dismissed him in terms of the proviso (b) of Rule 8(2) of the Uttar Pradesh Police Officers of Subordinate Rank (Punishment & Appeal) Rules, 1991.

(3.) FROM the perusal of the impugned order, it is evident that no reason at all has been recorded in the impugned order. He further stated that since criminal case was pending and he expected that the said criminal case shall be concluded within a reasonable time and as such there was some delay in filing the writ petition. Mr. Khare has further submitted that the order of the disciplinary authority is without jurisdiction as he was posted at Mirzapur and the Commandant, Mirzapur was competent authority to pass the order. However, the order has been passed by the Commandant Fatehpur and as such the impugned order is without jurisdiction. He has placed reliance on the Division Bench Judgements of this Court in State of U.P. and others Vs. Chandrika Prasad, 2006(1) ESC 374; Yadunath Singh Vs. State of U.P. and others, 2009(9)ADJ 1986; and Single Bench Judgments of this Court in Writ Petition No. 76110 of 2011, Girijesh Kumar Singh Vs. State of U.P. and others and Writ Petition No. 5471 of 2011, Girijesh Kumar Singh Vs. State of U.P. through Principal Secretary Transport Department.