UMESH CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner Umesh Chandra in Writ Petition No. 29594 of 2003 was appointed as a Constable on 1.8.1989 and, at the relevant time, he was posted at police station Fazalganj, District Kanpur Nagar. On 3.5.2003 an accused escaped from his custody while the petitioner was escorting the accused to the Civil Court, Kanpur Nagar. On the basis of this incident the petitioner was placed under suspension pending inquiry on 3.5.2003 and thereafter he has dismissed from the service by an order of the Senior Superintendent of Police dated 5.6.2003 exercising the powers under the proviso to Clause (b) of Sub-rule (2) of Rule 8 of the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 (hereinafter referred to as the Rules).

(2.) In Writ Petition No. 29596 of 2003, the petitioner No. 1, Virendra Singh, was recruited as a Constable in the year 1997 and petitioner No. 2, Yaduvansh Singh, was appointed as Constable in the year 1981. On the night of 28/29th May, 2003, the petitioners were assigned to guard a convict in the hospital and, instead of guarding the convict, allowed him to escape from the hospital. On the basis of the aforesaid incident, the petitioners were placed under suspension on 30.5.2003 by the Senior Superintendent of Police, Kanpur Nagar pending contemplation of a departmental inquiry, but subsequently on 5.6.2003 the petitioners were dismissed from the service under the proviso to Clause (b) of Sub-rule (2) of Rule 8 of the aforesaid Rules.

(3.) Since the controversy involved in both the writ petitions are almost common, the same are being decided together.