SANTOSH KUMAR GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) DILIP Gupta, J. This petition has been filed for quashing the order dated 31st March, 2006 passed by the Senior Superintendent of Police, Fatehpur dismissing the petitioner from service without holding any inquiry by invoking the power under the proviso to Rule 8 (2) of U. P. Police Officers of the Subordinate Rank (Punishment and Appeal) Rules, 1991 (hereinafter referred to as the '1991 Rules') and the order dated 30th November, 2006 dismissing the appeal filed by the petitioner against the aforesaid order.

(2.) THE petitioner was working as a Constable in U. P. Police. A First Information Report was registered against the petitioner and six other persons under Sections 147,148,149, 307, 386,120, IPC. Though initially an officer had been appointed to conduct the preliminary enquiry but subsequently an order was passed on 31st March, 2006 under the proviso to Rule 8 (2) of the 1991 Rules dismissing the petitioner from service. THE petitioner filed an appeal which was also dismissed.

(3.) I have carefully considered the submissions advanced by the learned counsel for the parties.