RAJESH PAL SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Vikram Bahadur Yadav, learned counsel appearing for the petitioner and Sri Dileep Kumar Kesarwani, learned Additional Chief Standing Counsel appearing for the State respondents.

(2.) Petitioner through this writ petition has challenged the order dtd. 19/10/2022 passed by the learned U.P. State Public Services Tribunal, Lucknow in Claim Petition No.907 of 2022 and the order dtd. 14/7/2023 passed in Review Petition No.104 of 2022. Petitioner through this writ petition has also challenged the punishment order dtd. 6/1/2021 (wrongly transcribed as 6/1/2020), appellate order dtd. 13/12/2021 and revisional order dtd. 12/7/2022.

(3.) Facts of the case, in brief, are that the Superintendent of Police, Mainpuri issued a show cause notice to the petitioner on 21/11/2020 whereby petitioner was required to submit his reply within 15 days in respect of charge against him that in the year 2019 while he was posted as Station House Officer at Police Station Bichhwan, on 05/6/7/2019 in the night one Mr. Raju along with his wife was passing through Bichhwan Road on motorbike, unknown miscreants stopped the motorbike and showing the weapon took away his wife and raped her but when Sri Raju informed to Police Station Bichhwan on UP-112, petitioner and few other police personnel misbehaved with him and did not extend him any help thereafter, Mr. Raju reported the aforesaid incident in Police Station Kurawali and there the case was registered as Case Crime No.257 of 2019 under Sec. 364/376D/392 IPC. The conduct of the petitioner tarnished the image of disciplined police force and reflects the negligence and indiscipline therefore, petitioner through show cause notice was required to submit reply, as to why censure entry may not be given to him. Prior to issuance of show cause notice dtd. 21/11/2020, preliminary inquiry was also conducted in the matter in which petitioner was prima facie found guilty of the aforesaid charge. Petitioner along with show cause notice dtd. 21/11/2020 was also served a copy of the preliminary inquiry report. Petitioner submitted his reply to the aforesaid show cause notice on 29/11/2020.