DASHRATH SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri Utkarsh Malviya, learned counsel for the petitioner and Sri Vikram Bahadur Yadav, learned counsel for the respondents.

(2.) This writ petition has been filed against the order dtd. 31/10/2009 passed by the Superintendent of Police, Lalitpur dismissing the petitioner from service, the order dtd. 31/1/2010 passed by the Deputy Inspector General of Police, Jhansi Range, Jhansi dismissing the Appeal and the order dtd. 29/4/2010 passed by the Additional Director General of Police (Telecommunications), Uttar Pradesh, Lucknow dismissing the Revision filed by the petitioner.

(3.) The petitioner who was posted as a Constable at Reserve Police Lines, Lalitpur was allegedly found drunk on 20/6/2009. It was alleged that while he was drunk, he had misbehaved with the Station Officer Sri Baljeet Singh. It had, still further, been alleged that after a complaint about the petitioner's drunkenness was made, a medical examination was done and he was suspended on 23/6/2009. A preliminary enquiry was conducted and upon finding that the allegations were prima facie correct, enquiry under Rule 14 of the U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 was conducted. The Enquiry Officer, upon finding that the petitioner was guilty of misbehaviour while he was drunk, submitted his enquiry report on 30/6/2009. In the Preliminary Enquiry report the Enquiry Officer had also given a finding that the petitioner was to be punished with a major penalty. Thereafter under Rule 14(1) of the Rules, the Enquiry Officer issued a charge sheet to the petitioner on 30/7/2009 charging him with the allegation that on 20/6/2009 after consuming liquor, he had misbehaved with the Station Officer. The petitioner replied to the charges on 10/8/2009 and thereafter upon completing the enquiry, the Enquiry Officer on 3/10/2009 submitted his enquiry report again with a recommendation for a major penalty. The Disciplinary Authority i.e. the Superintendent of Police, Lalitpur upon receiving the enquiry report, issued a show-cause notice on 9/9/2009 to the petitioner to submit his reply. The petitioner submitted a detailed reply on 26/10/2009 to the show cause notice with a request to drop all proceedings against the petitioner. Thereafter on 31/10/2009, an order of punishment was passed by the Superintendent of Police, Lalitpur whereby the petitioner was dismissed from service. The petitioner against the order dtd. 31/1/2010 filed an appeal before the Deputy Inspector General of Police, Jhansi Range, Jhansi which came to be dismissed on 31/1/2010. Thereafter the Revision filed by the petitioner against the order dtd. 31/1/2010 also met the same fate on 29/4/2010. This order was passed by the Additional Director General of Police (Telecommunications), Uttar Pradesh, Lucknow. Aggrieved thereof the petitioner has filed the instant writ petition.