GAFFAR AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) R. K. Gulati, J. This writ petition is directed against the order dated 6th January, 1996 passed by the Deputy Inspector General of Police, Gorakhpur Range, Gorakhpur.

(2.) THE petitioner is a Police Constable. An enquiry was instituted against him by the Deputy Superintendent of Police, Mau on a complaint being received about his misbehaviour. THE petitioner was served with the charge-sheet on 23rd September, 1992. THE Deputy Superintendent of Police, District Gorakhpur, the third respondent passed an order on 28th Decem ber, 1993 directing for- reduction to a lower scale rank" against the peti tioner. THE petitioner preferred an appeal against the order of punishment. THE appeal was allowed in part by the impugned order dated 6th January, 1996, inasmuch as, the enquiry proceedings were set aside from a specific stage indicated in the appellate order with a direction for a fresh enquiry. It is in this background that the petitioner has filed this writ petition chal lenging the order dated 6th January, 1996 passed by the Inspector General of Police in appeal.

(3.) LEARNED counsel for the petitioner raised yet another argument that the Deputy Superintendent of Police who had passed the order dated 28th December, 1993, had no jurisdiction to pass that order of punish ment in view of the provisions contained under Rule 7 (4) of the Rules referred hereinabove. The appellate authority has directed for a fresh enquiry against the petitioner. The point raised was not taken before the appellate authority. I do not consider it necessary to go into this question at this stage. However, the petitioner will be at liberty to raise the plea in the enquiry proceedings directed by the appellate authority or when it comes to passing of a final order in pursuance of the enquiry.