ASHOK KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner has suffered multiple punishments arising from same incident and, therefore, has come to this Court by invoking its extraordinary jurisdiction under Article 226 of the Constitution of India for seeking a writ of certiorari for quashing all the aforesaid orders of punishments as also the appellate and revisional orders which have also gone against petitioner.

(2.) The facts, in brief, giving rise to present dispute are that petitioner is a Sub-Inspector in U.P. Police Force. In a case, i.e., NCR No. 111/09 , under Sections 323/504 IPC (Case Crime No. 360/09, under sections 304, 323, 504 IPC, a preliminary inquiry was conducted by Additional Superintendent of Police (Rural) and he submitted his report against petitioner alleging that petitioner did not take appropriate steps for arrest of accused, Sarvesh Singh and Shiv Prasad Singh, hence was guilty of dereliction of duty and negligence.

(3.) Two show cause notices were issued by Superintendent of Police, Azamgarh pursuant to aforesaid preliminary report. One proposes punishment of censure and another proposes punishment of withholding of integrity of the year 2009.