RAM NIWAS TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed against the impugned order of the U. P. Public Services Tribunal dated 29.1.1979, Annexure--5 to the writ petition.

(2.) We have carefully perused the impugned order of the Tribunal as well as the order of the Inspector General of Police dated 13.8.1970, Annexure-4 to the petition.

(3.) The petitioner was a constable in the U. P. Police and grave charges were levelled against him. The charge-sheet dated 23.1.1965 was issued by the Superintendent of Police, Varanasi, the copy of which is Annexure-1 to the writ petition. A perusal of the said charge-sheet shows that the allegation against him was that while posted at police station Gopiganj district Varanasi from 9.7.1964 to 21.2.1965, the petitioner had criminal association with criminals like Sri Ahir, Ibrahim, etc. and they committed crimes with his complicity. On 21.2.1965 at about noon or just after that the petitioner was seen in the company of the said Ibrahim and Sri Ahir at the shop of one Shital in qusba Gopiganj. The petitioner and both the above criminals took liquor together. A little after that the two aforesaid criminals pick-pocketed one Ram Nihore Pandey with the help of one other person in bazar Gopiganj, where he had come for shopping. Both these criminals were arrested with the assistance of other persons and the stolen property was recovered, but the third man succeeded in making good his escape. The petitioner reached the spot in plain clothes and made an attempt to get these criminals released. He also told Sri Ram Nihore that he would not be able to get any witness and as such the case will not succeed and he might come to harm for lodging false F.I.R. and he should release the two criminals. However, Sri Ram Nihore did not listen to the petitioner and took both the criminals to the police station Gopiganj and lodged F.I.R. under Section 379, I.P.C. there.