CHITRA KUMAR Vs. SENIOR SUPERINTENDENT OF POLICE ALIGARH

JUDGEMENT

(1.) The petitioner, a constable, was prosecuted for an offence under Section 384 of the Indian Penal Code giving rise to Crime No. 120 of 1988 and the same culminated in conviction of the petitioner under Section 384 of the Indian Penal Code by Judgment and order dated 19.8.1988 whereby punishment of imprisonment for three months was imposed which he had already undergone. The petitioner was served with an order of dismissal under para 493 (b) of the Police Regulations on 30.9.1988. The petitioner in this writ petition has challenged the said order of dismissal on the ground that as the petitioner was not punished with rigorous imprisonment, the dismissal order could not be passed without following the prescribed procedure.

(2.) The respondents filed counter-affidavit stating that the service record of the petitioner shows that he was punished with rigorous imprisonment and, therefore, the impugned order is valid and proper.

(3.) Heard the learned counsel for the petitioner as also the learned standing counsel.