RAJENDRA PRASAD SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The main question for consideration in the present writ petition is whether the action of the respondents in dismissing the petitioner from service, after dispensing with the disciplinary enquiry, is justified or not.

(2.) The petitioner was working as a Sub-Inspector in Civil Police and his services are regulated by the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 (hereinafter referred to as "Rules"). Rule 8 is pari materia with Article 311(1)(2) of the Constitution of India. Relavant part of it, reads as follows: -

(3.) It is alleged that on 22.06.2006, when the petitioner was posted as sub-inspector at P.S Chilh, district Mirzapur, he without any prior information or permission, absented from duty, came to Allahabad and under influence of liquor, he created a ruckus at Johnstonganj crossing, at Allahabad. He is alleged to have taken out his pant and belt, indulged in indecent behaviour, wearing police uniform shirt and underwear. The aforesaid incident was reported in Newspaper 'Amar Ujala' Allahabad, 'Dainik Jagran' and 'Times of India' and in various T.V. Channels. The incident had undermined the image of the police department. It appears that a report about the incident was forwarded by Superintendent of Police, Mirzapur to Deputy Inspector General of Police, Vindhyachal Range, Mirzapur. Acting on the same, he passed an order on 23.06.2006 dismissing the petitioner from service. The order has been passed in purported exercise of power under Rule 8(2)(b) of the Rules. The reason given in the order for dispensing with the enquiry is that the petitioner continues to be absent from his duty and there was no possibility of his co-operation in the enquiry proceedings. It is further stated that the incident was widely reported in various Newspapers and electronic media and, therefore, it would not be expedient or practicable to hold the enquiry. Challenging the said order, the petitioner has preferred the instant writ petition.