SURENDRA KUMAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Since pleadings are complete, as requested by learned counsel for the parties, I proceed to hear and decide this matter finally at this stage under the Rules of this Court.

(2.) This writ petition is directed against the punishment order dated 14.03.2011 whereby the punishment of withholding of integrity has been imposed by petitioner.

(3.) Learned counsel for the petitioner contended that the said punishment is without jurisdiction since under Rule 4 of U.P. Police officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 (hereinafter referred to as the "Rules, 1991") there is no such punishment like withholding of integrity and, therefore, imposition of said punishment is wholly without jurisdiction. He placed reliance on an Apex Court's decision in State Bank of India and others Vs. T.J. Paul, 1999 3 JT 385 and a recent decision in Vijay Singh Vs. State of U.P. and others, 2012 4 JT 105wherein the Apex Court has said that punishment not prescribed in Rules cannot be imposed upon a delinquent employee as a result of departmental inquiry.