DINESH PRASAD Vs. STATE OF U.P.

JUDGEMENT

(1.) The petition involves a question of law and is being decided on the facts stated in the orders passed by the state officers impleaded as respondents in the present petition, therefore, no purpose would be served calling for a counter affidavit.

(2.) The petitioner is employed as Follower with the U.P Police. Disciplinary proceedings were instituted against the petitioner under Rule 14 of the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules 1991 (hereinafter referred to as, 'Rules, 1991') and a charge sheet dtd. 29/8/2018 was served on the petitioner. The charge against the petitioner was that the petitioner, without informing his Officers and without any leave, absented from duty between 24/6/2018 and 26/6/2018. Another charge against the petitioner was that after joining the petitioner went on a hunger strike and refused to resume his mess duty which adversely affected the reputation of the police force.

(3.) The petitioner submitted his reply denying the charges. The inquiry report was submitted on 5/9/2018 holding the petitioner guilty of the charges levelled against him. A show cause notice dtd. 11/7/2019 was issued to the petitioner to show cause as to why he should not be dismissed from service. After considering the reply of the petitioner to the show cause notice, the disciplinary authority i.e., the Superintendent of Police, District Deoria (respondent no.3) vide his order dtd. 9/1/2020 dismissed the petitioner from service.