GABBAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Anoop Mishra, learned counsel for the petitioner and learned standing counsel.

(2.) Challenge in the present writ petition is the dismissal order dated 26.6.2007 and the appellate order dated 27.3.2008 dismissing the services of the petitioner under the U.P. Police Officers of Subordinate Ranks(Punishment and Appeal) Rules, 1991(hereinafter referred to as the "Rules, 1991").

(3.) The facts of the case in brief are that petitioner while working as constable in Pilibhit was dismissed by order dated 26.6.2007 passed by the Superintendent of Police, Pilibhit invoking power under Rule 8(2)(b) of the Rules. It was indicated in the order of dismissal that case crime no. 668 of 2006 under sections 364, 302, 201 I.P.C. has been registered by the petitioner's son against him and three other persons. Petitioner was arrested and sent to district jail , Pilibhit. The charge sheet no. 201/2006 dated 19.10.2006 was filed in the court. On the basis of these criminal charges initially petitioner was suspended vide order dated 3.9.2006 and later on after submission of charge sheet and arrest he was dismissed by order dated 26.6.2007. The charge against the petitioner was that he murdered his own daughter with the help of three other persons.