MOHAMMAD AIYYUB Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) Brief facts of the case are that while the petitioner was working on the post of constable at police station G.R.P. Moradabad, he proceeded on 30 days sanctioned medical leave. A complaint dated 10.7.2000 was made by one Shakhawat Hussain resident of village Dadiyal Ahatmali District Rampur to the Senior Superintendent of Police ( Railways) GRP, Moradabad stating therein that in the election of Gram Pradhan in which the wife of the petitioner was also a candidate, he actively participated in the canvassing and threatened the votes by his licensed gun. On the complaint an enquiry was conducted wherein the allegations levelled against petitioner regarding threat by use of gun were found to be baseless. However, the petitioner was found guilty of canvassing and seeking vote for his wife in elections which was unbecoming of a Government Servant under the Government Servants Conduct Rules.

(3.) A complaint appears to have thereafter been filed in the Court of Chief Judicial Magistrate, who directed for institution of a criminal case under Section 506 IPC against the petitioner. On the basis of enquiry report a show cause notice dated 8.8.2000 was issued to him requiring him to submit his explanation as to why the censure entry proposed may not be awarded to him. The petitioner submitted his explanation thereto dated 19.8.2000 denying the accusations made against him. The Punishing Authority vide order dated 13.11.2000 awarded the censure entry against the petitioner. Aggrieved by the aforesaid order dated 13.11.2000 the petitioner filed an appeal before the Appellate authority which was rejected vide order dated 29.4.2001. He then preferred revision against the appellate order, before the Inspector General of Police ( Railways), Lucknow, which was also rejected.