BHUDEO PRASAD SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) RAVI S. Dhavan, J. The petitioner is a constable in the police depart ment of the State of Uttar Pradesh. He challenges an order of the Deputy Superintendent of Police (City), Banda, respondent No. 3, dated 23 Novem ber, 1992, by which he has been reverted to the lower pay-scale for a period of three years as a. measure of punishment. The contention of the petitioner is that the officer who passed the order of punishment did not have the autho rity to do so within the meaning of the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991. The contention on behalf of the petitioner is that his appointing authority is the Superinten dent of Police and thus, the order of punishment by the Deputy Superinten dent of Police it; without jurisdiction.

(2.) THE issue is the present writ petition, in so far as the High Court is concerned, is only the aspect whether the Court ought to interfere upon examining the record on a writ of certiorari. THE aspect that the order of punishment which has been passed is by an authority lower in rank than the authority which could pass the order is not the only aspect in the writ petition. THE gravamen of the charge against the petitioner was of indiscipline at a parade on 28th March, 1988. THE petitioner was charged for qomig to the parade intoxicated state aad not being able to hold himself and participate in the parade. He was sent for a medical examination. THE Medical Officer, incharge of the District Hospital, certified that the petitioner was breathing out and smelling of alcohol, though he may be in a conscious state. In Paragraph 9 of the writ petition, the petitioned states that the Medical Officer, Incharge of the District Hospital, Banda, had clearly disclosed that the petitioner was not in a state of drunkenness. This is not the correct perspective. THE petitioner does not state that he had not taken alcohol before falling in line for a parade. In Paragraph 10 of the counter-affidavit filed on behalf of the Police Administration, the averment is to the effect that the charge of taking liquor has been fully established against the petitioner in pursuance of the medical report. In Paragraph 9 of the rejoinder affidavit, the petitioner avoids a clear affirma tion to the effect that he had not taken a drink before he was required to attend the parade and the only submission is to the effect that the charge against the petitioner has not been duly established.

(3.) THIS is not a matter in which the High Court would like to interfere.