AZAD YADAV Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner has filed the present writ petition aggrieved by his dismissal order dated 13.9.2007 passed by Superintendent of Police, Ghazipur. His appeal and revision both have been dismissed by orders dated 30.10.2007 and 31.7.2008 by the Deputy Inspector General of Police, Varanasi Region, Varanasi and Inspector General of Police, Varanasi Zone, Varanasi, respectively. All the three orders are impugned in the present writ petition.

(2.) The facts of judgment appear from the pleadings exchanged between the parties.

(3.) Briefly stated, the petitioner was appointed as a constable in civil police on 25.4.1982. On 21.6.2006 a First Information Report was lodged against the petitioner under Section 409 IPC by the Sub Inspector- Tej Bahadur Singh, the In -charge of Outpost Bara, Police Station Gahmar, District Ghazipur. In the FIR, it was alleged that the petitioner, Azad Yadav and another constable Ram Singh were on picket duty on 20.6.2006 from 7.00 p.m. to 1.00 a.m. ( Mid-night). On 21.6.2006 in the early morning at 4.30 a.m. when Sub Inspector Tej Bahadur Singh was on patrolling duty along with constable Nathuni Singh, constable Kameshwar Singh, constable Ram Pravesh Singh and constable Ram Bali, he met the petitioner and another constable Ram Singh. He found that Ram Singh was having his rifle but the petitioner did not have his rifle with him. On the query made by him with regard to his rifle, the petitioner did not give any satisfactory answer and tried to give evasive reply. The Sub Inspector Tej Bahadur Singh made inquiry at the police station and he was informed that both constables, the petitioner and Ram Singh were issued rifles and cartridges. The petitioner had misappropriated his rifle no. 10239 along with cartridges. The petitioner did not give any satisfactory reply as such the FIR was lodged against him and he was arrested on 22.6.2006. By that time, petitioner had not filed any FIR in respect of his loss of rifle.