RATAN KUMAR YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Kripa Shankar Singh, learned Senior Counsel assisted by Sri Saurabh Singh, learned counsel for the petitioner and Sri Vijay Shankar Prasad, learned Additional Chief Standing Counsel for respondents.

(2.) The present writ petition has been filed by the petitioner, with a prayer to quash the order dtd. 7/11/2019 passed by the State Government, compulsory retiring the petitioner and also quash the order dtd. 22/10/2019, by which the petitioner was awarded major penalty, i.e., stoppage of two increments for 5 years with temporary effect and one minor penalty of censure in terms of Rules 3 of U.P. Government Servant (Disciplinary and Appeal), Rules, 1999 (hereinafter referred to as "Rules of 1999"). The petitioner has further challenged the order dtd. 20/9/2018 passed by the Director General of Police, by which the penalty of censure has been imposed upon the petitioner under Rule 3 of aforesaid Rules of 1999 as well as appellate order dtd. 1/5/2019.

(3.) The facts as stated by the petitioner in the writ petition are that the petitioner was directly recruited in the year 1998 on the post of Sub-Inspector of Police. During the course of duty in an encounter with Munna Bajrangi gang, the petitioner received five AK-47 bullet injuries. After recovering from the said injuries the petitioner was granted promotion to the post of Inspector in 2001 and he was also awarded with Presidential Medal.