OM DUTT TYAGI Vs. STATE OF UP

JUDGEMENT

(1.) I have heard Sri Shashi Nandan, learned senior counsel assisted by Sri Vinod Tripathi for the petitioner and the learned standing counsel for the respondents and have perused the record. As the pleadings are complete, with the consent of the learned counsel for the parties, the petition is being disposed of finally.

(2.) By this writ petition, the petitioner has sought for quashing of the order dated 10.05.2011 passed by the Commandant (respondent No.2), 41st Battalion PAC, Ghaziabad, as also the appellate order dated 2.7.2011 passed by the Deputy Inspector General (respondent No.4), PAC Meerut Division, Meerut thereby affirming the order dated 10.5.2011, whereby the petitioner has been inflicted with major penalty of reduction to the lowest scale of pay for a period of three years.

(3.) The relevant facts of the case are that while the petitioner was posted as Head Constable in the 41st Battalion PAC, district Ghaziabad, he and his son were implicated in case crime 304 of 2008 under Sections 420, 467, 468, 471 and 504 I.P.C at P.S. Sector 49, district Gautam Budh Nagar. In reference to the said case, on 22.08.2008, the petitioner was taken into judicial custody and was released on bail on 05.11.2008 under the bail order granted by this court on 17.10.2008. In the meantime, by order dated 01.09.2008, the petitioner was suspended consequent to remaining in jail for a period exceeding 48 hours. On being released on bail, the petitioner reported on duty on 07.11.2008. In the meantime, in the aforesaid criminal case, a charge-sheet was submitted. From the record of the writ petition, it appears that the petitioner challenged the charge-sheet as well as the consequential criminal proceedings by means of Criminal Misc. Application No. 35611 of 2010 wherein an interim order was passed thereby staying further proceedings of the criminal case. As the criminal case proceeding was stayed, the Deputy Commanding Officer, 41st Battalion PAC, Ghaziabad, on 08.11.2010, issued a departmental charge-sheet to the petitioner, which is being reproduced below:-