BALVEER SINGH Vs. STATE OF U P

JUDGEMENT

(1.) PARITOSH K. Mukherjee, J. Balveer Singh, the present writ petitioner moved this writ petition challenging the appellate order, dated 3-9-1992 affirm ing the order of termination dated 24-12-1991 set out at Annexures IV and I respectively to the petition.

(2.) THE said order of termination was passed against the petitioner by respondent No. 3 in exercise of powers under the provisions of Para 8 (2) (b) of the U. P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 (hereinafter referred to as 'rules, 1991 ). THE said para 8 of the Rules, 1991 reads as follows : "8. Dismissal and removal.- (I) No police officer shall be dismissed or removed from service by an authority subordinate to the ap pointing authority. (2) No police officer shall be dismissed, removed or reduced in rank except after proper inquiry and disciplinary proceedings as con templated by these rules : Provided that this rule shall not apply- (a) where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge ; or (b) where the authority empowered to dismiss or remove a per son or to reduce him in rank is satisfied that for some reason to be recorded by that- authority in writing, it is not reason ably practicable to hold such enquiry ; or (c) where the Government is satisfied that in the interest of the security of the State it is not expedient to hold such enquiry".

(3.) IN the case of Jaswant Singh (supra), thereafter the Supreme Court held that since no particular subjective satisfaction of the concerned authority, having been disclosed, the impugned order of dismissal dated 7-4-1981 was set aside and appellant was re-instated in the service forthwith.