PADAM SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Vinod Kumar Mishra, learned counsel for the petitioner and learned Standing Counsel appearing for the State respondents.

(2.) By means of present petition filed under Article 226 of the Constitution, petitioner has prayed for a writ of certiorari to quash the order of punishment dtd. 1/3/2015 in the nature of dismissal from service as well as appellate order dtd. 29/4/2019 and the order dtd. 24/7/2019 passed in revision. The only short legal point argued before this Court is that enquiry officer could not have proposed punishment in the ultimate finding part of the enquiry report whereas in the present case enquiry officer/ circle officer, Baghpat while submitting enquiry report on 12/1/2015 also made a recommendation for dismissal from service to be given effect to with the final approval by the authority and also "No Pay for No Work" for the 458 days.

(3.) Learned counsel for the petitioner has placed reliance of Rule 14(1) with appendix of the U.P. Police Officer of Subordinate Ranks (Punishment and Appeal) Rules, 1991. The relevant rules and are reproduced hereunder: