BHUPAT SINGH YADAV Vs. STATE OF U P

JUDGEMENT

(1.) DILIP Gupta, J. This petition has been filed for quashing the order dated 9th October, 1999 passed by the Commandant, 42nd Battalion, PAC, Naini, Allahabad dismissing the petitioner from service without holding any inquiry by invoking the power under the proviso to Rule 8 (2) of U. P. Police Officers of the Subordinate Rank (Punishment and Appeal) Rules, 1991 (hereinafter referred to as the '1991 Rules') and the orders dated 3rd January, 2000 and 29th December, 2004 dismissing the appeal and the revision filed by the petitioner against the aforesaid order.

(2.) THE petitioner was appointed as a Constable in the 33rd Battalion, PAC, Jhansi on 14th September, 1990. He joined the 42nd Battalion, Naini, Allahabad on 1st August, 1999. One Rajesh Yadav who was also posted as a Constable in 42nd Battalion, PAC, Allahabad was found in a serious condition near the 42nd Battalion, PAC Camp and he ultimately expired on 7th October, 1999. THE petitioner submitted an application on 8th October, 1999 before the Commandant praying for an inquiry into the death of the said Rajesh Yadav and when no action was taken, another application dated 9th October, 1999 was submitted by the petitioner before the Commandant. On the same date an order was passed by the Commandant removing the petitioner from service in purported exercise of the powers under the proviso to Rule 8 (2) of the 1991 Rules.

(3.) I have carefully considered the submissions advanced by the learned Counsel for the parties.