SURENDRA SINGH THAKUR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri N.C. Upadhyay, learned counsel for the petitioner and learned Standing Counsel appearing for the State. The facts of the case which are not in dispute are that the petitioner while posted as Constable in the year 1998 at 30th Bn. P.A.C., Gonda proceeded on sanctioned earned leave for a period of 30 days w.e.f. 28.4.1998. During the period of leave, arising out of an incident which occurred on 20.5.1998 involving the petitioner, an F.I.R. was lodged at Case Crime No. 141 of 1998, under Sections 323, 504 and 506 I.P.C. and Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the petitioner at Police Station Kulhui, District Mahrajganj. The said case crime No. 141 of 1998 resulted in petitioner being charge -sheeted for the aforesaid offences and ultimately the learned Special Judge/Additional District Judge (FTC), Court No. 1, District Mahrajganj, vide judgment and order dated 20.3.2009 convicted the petitioner of six months' rigorous imprisonment with fine of Rs. 2,000/ -, default whereof was to result in an additional three months' rigorous imprisonment.

(2.) THE said conviction order dated 20.3.2009 is under challenge before this Court in Criminal Appeal No. 1675 of 2009 wherein an order has been passed on 27.3.2009 whereby petitioner was ordered to be released on bail during pendency of appeal. In the said appeal, this Court further passed an order on 8.4.2009 providing therein that execution of sentence awarded to the petitioner by the trial Court shall remain suspended till the disposal of appeal.

(3.) THE impugned order mentions that departmental proceedings under Rule 14(1) of the U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 (hereinafter referred to 'Rules, 1991') were initiated against the petitioner and concluded by the Assistant Commandant/Presiding Officer, 30th Bn. P.A.C., Gonda who submitted his findings on 20.8.2009 whereby recommendation was made to dismiss the petitioner as provided under Para 481 of the Police Regulations.