DEEN BANDHU PASWAN Vs. STATE OF U.P.

JUDGEMENT

(1.) By means of this writ petition, the petitioner is challenging the order dated 16.07.2004 passed by the District Magistrate, Ballia under Section 10 of the North Western Provinces Village and Road Police Act, 1873, whereby his services, as village policeman/ chaukidar in Village Maritar, Police Station Bansdeeh, Ballia, have been dispensed with by an order of dismissal.

(2.) On 27.11.2003, the petitioner was served with a show cause notice asking him to show cause as to why he be not dismissed from service under Section 10 of Act No.XVI of 1873 read with Section 36 of the Act No.18 of 1876. The petitioner submitted his reply to the aforesaid show cause notice on 06.12.2003. Thereafter, the impugned order of dismissal was passed by the District Magistrate Ballia on 16.07.2004.

(3.) The contention of the petitioner is two fold. Firstly, he was appointed to a post, i.e. village chaukidar, in connection with the affairs of State of U.P., as would be evident from the duties assigned under Section 34 of the Act of 1876. It was contended that as no detailed procedure has been prescribed in the U.P. Police Regulations or Oudh Laws Act, 1876 for conducting the disciplinary proceedings against a village chaukidar/ police-man and as the said post comes within the definition of the U.P. Government Servant (Discipline and Appeal) Rules 1999, as such, his services were governed by the said Rules. Accordingly, the punishment of dismissal from service could only have been imposed after following the due and proper procedure of holding a regular inquiry after issuance of a charge-sheet under the Rule 7 of the aforesaid Rules of 1999 and this not having been done, the impugned order was not sustainable.