LALLOO SINGH Vs. STATE OF U P

JUDGEMENT

(1.) -By means of the present writ petition the petitioner has approached this Court for a writ of certiorari quashing the order dated 8.5.2006 (Annexure-1 to the writ petition) passed by respondent No. 2. Further a writ in the nature of mandamus commanding the respondents from interfering with the peaceful functioning of the petitioner as Constable.

(2.) THE petitioner was selected in the year 1998 on the post of Constable. After completion of training he was posted at different places. When the petitioner was posted at Kotwali, Farrukhabad, an incident took place on 30.4.1996 in which cross F.I.R.'s were lodged by the Superintendent of Police and Inspector Kotwali. It was stated in the F.I.R. that an incident has taken place on 2nd May, 2006, when the Superintendent of Police was sitting in his office and one Sri Nar Singh Pal Singh, Inspector, Kotwali alongwith Anand Kumar Singh and Rajesh Singh, Sub-Inspector Kotwali, Farrukhabad alongwith two constables, entered into the office and attacked the Superintendent of Police. It was also stated in the F.I.R. lodged by the Superintendent of Police that he was threatened by the police officials. Another F.I.R. was also lodged by Nar Singh Pal Singh, Inspector Kotwali which states that no such incident has taken place. On the basis of the aforesaid F.I.R. it appears that the Superintendent of Police had passed an order dispensing the services of the petitioner by invoking Rule 8 (2) (b) of the U. P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rule, 1991 (hereinafter referred to as the Rules of 1991). Rule 8 is being reproduced below :

(3.) THE learned counsel for the petitioner has placed reliance upon a judgment in Ravindra Raghav v. State of U. P. and others, 2005 (2) ESC 1229 (All) : 2005 (3) AWC 2409 and reliance has been placed upon paras 8 and 9 of the said judgment. THE same are being quoted below :