AMARJEET SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 13.3.1994 passed by Senior Superintendent of Police, Varanasi, respondent No. 3, dismissing the petitioner from service and also the order dated 25/26.10.1995 passed by the Deputy Inspector General of Police, Varanasi Range, Varanasi respondent No. 2, whereby the appeal of the petitioner has been dismissed.

(2.) A preliminary objection has been raised by the learned standing counsel appearing for the respondents that the petitioner has not availed the alternative remedy of filing a revision against the appellate order, as provided under Rule 23 of the U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 and thus this writ petition should be dismissed on the ground of alternative remedy. Sri C.B. Yadav, learned counsel for the petitioner, states that he is not disputing the facts of the case, and the factual position as has been dealt with by the respondent in the impugned orders may be taken to be correct. He stated that the petitioner is only pressing the prayer with regard to the quantum of punishment that has been awarded in the admitted facts of the case. In the said circumstances, as the petitioner is accepting the facts as given in the Impugned orders passed by the respondents and is only pressing the prayer regarding the quantum of punishment, I do not think It proper to dismiss this writ petition only on the ground of alternative remedy, specially in view of the fact that this writ petition has been pending since 1996, for more than seven years and counter and rejoinder -affidavits have also been exchanged.

(3.) A perusal of the impugned order shows that the charges on which the petitioners had been dismissed from service were that on 30.5.1992 at 14.00 hours the petitioner reached the police station in a state of intoxication ; that he tried to talk with the Superintendent of Police. Barabanki on the Wireless set and when the other employees of the police station stopped him, he abused them and even tried to break the Wireless set. On medical examination it was found that the petitioner had consumed liquor. On such charges the Senior Superintendent of Police, Varanasi dismissed the petitioner from service vide his order dated 13.3.1994, The appeal filed by the petitioner against the said order was also dismissed by the Deputy Inspector General of Police, Varanasi Range, Varanasi on 25/26.10.1995.