MUNNEY KHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioner was a Constable, while he was posted at Police Station Tanda, District Rampur in the year 2005-06, disciplinary proceeding has been initiated against the petitioner and a charge-sheet has been given on 5.6.2006. In the charge-sheet, following charges have been framed :

(2.) In the charge-sheet, various documents relied upon have also been referred. The petitioner filed reply. The inquiry officer submitted the inquiry report on 30.9.2006 wherein he found all the charges proved against the petitioner and recommended major punishment under Rule 4(1) (k) (iii) of the Uttar Pradesh Police Officers of The Subordinate Ranks (Punishment and Appeal) Rules, 1991 (hereinafter referred to as the ("Rules, 1991") for placing the petitioner at the lowest pay-scale for a period of three years. On receipt of the inquiry report, disciplinary authority issued a show cause notice. The petitioner filed reply and on consideration of the inquiry report and reply of the petitioner, the disciplinary authority passed the punishment order dated 27.12.2006 and awarded major penalty to the extent putting the petitioner at the lowest pay-scale for a period of three years. Against the punishment order, the petitioner filed an appeal before the Deputy Inspector General of Police, Moradabad Region, Moradabad. While considering the appeal of the petitioner, the Deputy Inspector General of Police, Moradabad Region, Moradabad found that there is no substance in the appeal. He further found that charges against the petitioner are so serious and he is not liable to be kept in service. He recorded the following findings :

(3.) Against the order of the Deputy Inspector General of Police, Moradabad Region, Moradabad dated 30.4.2007, the petitioner filed revision before the Director General of Police, U.P., Lucknow, which has been rejected by the impugned order dated 16.9.2008. It may be mentioned here that the petitioner has not challenged the order dated 15.2.2007.