KARTAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioners and the learned Standing Counsel for the State.

(2.) The two writ petitions have been filed by two petitioners, namely, Kartar Singh and Babban Ram. Petitioners were posted as Police Constables at District-Shahjahanpur and were deputed to escort three accused persons, namely, Vinod, Rupesh and Prakash for their presence before the court of Judicial Magistrate Mohammadi, District-Lakhimpur Kheri. The allegations against both the petitioners are that after the court proceedings petitioners consumed liquor supplied by the accused persons and after having lost their sense they could not hold the accused and two of them, namely, Vinod and Rupesh ran away from their custody. The third accused Prakash along with manacle and rope reached Police Station-Gola and informed police. On information, the police of Police Station-Gola could arrest the accused-Rupesh. On the said conduct, a departmental inquiry was held against the petitioners at District-Shahjahanpur and, on the basis of inquiry report submitted at District-Shahjahanpur, a show cause notice was issued against the petitioners by the Superintendent of Police, Shahjahanpur. After holding the disciplinary proceedings order of dismissal was passed against the petitioners by the Superintendent of Police, Shahjahanpur at Shahjahanpur. Against the said order an appeal was filed before the Deputy Inspector General of Police, Bareilly Range, Bareilly, which was rejected by the Deputy Inspector General of Police at Bareilly.

(3.) Admittedly, both District-Shahjahanpur and Bareilly fall within the jurisdiction of High Court Allahabad while District-Lakhimpur Kheri falls within the jurisdiction of High Court Lucknow.