(1.) PETITIONER , who was a constable, has been dismissed from service on 26.8.2010. Appeal and revision filed against order dated 26.8.2010 have been rejected on 8.1.2011 and 4.9.2011 respectively. These orders are challenged in the present writ petition.
(2.) THREAT to breach of peace on account of a land dispute at village Nawalpur, police station Jansa, District Varanasi, led to a police picket being posted in the village. The petitioner Salik Ram Tiwari along with constable Satya Prakash Singh and constable Santosh Kumar Upadhyaya were posted in the village. On 19.2.2010 the Station Officer, Police Station Jansa received complaint on his mobile phone that constables posted at village Nawalpur are fighting amongst themselves and have created scene. The Station Officer along with force reached the village and found that constable Satya Prakash Singh and constable Salik Ram Tiwari (petitioner) were present at the picket, whereas constable Santosh Kumar Upadhyaya was absent. The Station Officer found Satya Prakash Singh to be under the influence of liquor and was complaining against Salik Ram Tiwari for having allowed Santosh Kumar Upadhyaya to visit his home, but denying it to him. It is alleged that this was the reason of fight between Satya Prakash Singh and petitioner, who beat each other, and also targeted guns at one another. The constables were taken for medical examination, wherein consumption of liquor by Satya Prakash Singh was found proved and a cut injury above his eyes was also reported.
(3.) PETITIONER was placed under suspension on 21.2.2010. A fact finding enquiry was instituted. In the preliminary fact finding enquiry, the statement of constables including petitioner was recorded, all of whom denied existence of the incident itself. The officer, holding preliminary enquiry, submitted report on 24.3.2010 disbelieving the statement of the constables, who had denied the incident, and came to the conclusion that the two constables had fought with each other and also targeted guns while on duty, which had lowered the image of police in public opinion and amounted to misconduct on that part.