PARAS NATH TIWARI Vs. STATE OF UP

JUDGEMENT

(1.) Heard Sri S.D. Ojha, learned counsel for the petitioners and learned Standing Counsel for the respondents.

(2.) The petitioners who are three in numbers are constables, while they were posted in Reserve Police Lines, Chitrakoot in 2008, the petitioners were deputed on 05.08.2008 for producing the accused in special case no. 2 of 2008 before the Special Dacoit Court, Rewa, M.P. The accused Raju Kol, Biran and Mauli were taken in the custody of the petitioners from Banda District Jail, to the Court at Reewa M.P. The accused were produced before the Court on the date fixed, but while returning by train, Raju Kol, one of the accused, escaped from the custody of the petitioners from the running train. F.I.R. was registered as Case Crime No. 59 of 2008, under Sections 23 and 224 of the I.P.C., at Police Station, GRP Manikpur, District Manikpur on 07.08.2008. The petitioners were placed under suspension on 07.08.2008. The Superintendent of Police, Chitrakoot vide order dated 12.11.2008 instituted disciplinary enquiry under rule 14 (I) of the U.P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rules 1991 (hereinafter referred to as 'Rules'). The charge sheet dated 16.11.2008 was issued, to the petitioners for dereliction of duty resulting in the escape of hardened criminal from the custody of the petitioners, thus, tarnishing the image of the department. The petitioners participated in the enquiry, were served with show cause notice on 11.02.2009 along with copy of the enquiry report, to which, the petitioners replied. The Superintendent of Police, Chitrakoot vide order dated 23.05.2009 considering the past records of the petitioners i.e. the petitioners had adverse entries in 1982, 1987, 1997 and 1988, dismissed the petitioners from service.

(3.) Aggrieved by the order dated 23.05.2009, the petitioners preferred an appeal before the respondent no. 4, Deputy Inspector General of Police, Chitrakoot Dham Range, Banda, District Banda, which was rejected by order dated 14.11.2009, the order was challenged in Writ Petition No. 2254 of 2010, the court on 21.01.2010 directed the petitioners to prefer revision under the Rules to the next higher authority. Accordingly, the petitioners preferred revision before the Inspector General of Police, Lucknow. The revision was rejected by the respondent no. 2, Additional Director General of Police, Special Crime Branch, Co-operative Crime Investigation Department, Uttar Pradesh at Lucknow, by the order dated 10.03.2010.