GULAB CHANDRA YADAV Vs. STATE OF U P

JUDGEMENT

(1.) I have heard counsel for the petitioner and Standing counsel for the State. The writ petition has been filed for quashing the order dated 13.11.2007 passed by Superintendent of Police, Chandauli (Respondent-4) by which the petitioner was terminated from the service exercising the power under Proviso (b) to Rule 8 (2) of U.P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rules 1991 (the Rules) and order of Deputy Inspector General of Police, Varanasi Range, Varanasi (Respondent-3) dated 29.2.2008 by which appeal of the petitioner has been dismissed and order of Inspector General of Police, Varanasi Zone, Varanasi (Respondent-2) dated 27.6.2008 by which revision of the petitioner has been dismissed.

(2.) The petitioner was recruited as constable in U.P. Police on 1.1.1987. The petitioner was transferred to Police Station Chandauli on 25.2.2007. Since then he was doing his duties there. On 27.9.2007, Sri Sharda Prasad Sharma, Traffic Inspector, lodged a FIR (registered as Crime No. 271 of 2007, under Section 392 I.P.C, and Section 7/ 13(2) of Prevention of Corruption Act, 1988) against the petitioner and one other constable Ghan Shyam Singh, alleging therein that Shiv Pujan Thakur, driver of Truck No. J.H.-11-B-2802 and Faruk, driver of Truck No. UP-75-H-8841, informed him that two persons, one in police uniform and other in civil dress, extracted Rs. 700/- each from them. He further alleged that these drivers could not state the names of those persons. Two constables namely Rajesh Singh and Rai Sahab Singh were doing picket duty at Chandauli turn. Out of whom Rai Sahab Singh informed that constables Gulab Yadav and Ghan Shyam Singh had extracted money from truck drivers.

(3.) On the basis of the aforesaid FIR, Superintendent of Police, Chandauli suspended the petitioner vide order dated 29.9.2007 and directed Circle Officer, Chandauli to conduct an inquiry and submit his report.