ASHEESH PATHAK Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Manish Kumar, learned counsel for the petitioner and Sri Saharsh, learned Government Counsel for all the respondents.

(2.) By means of the present petition, the petitioner has prayed for the following reliefs:-

(3.) The case set forth by the petitioner is that while he was working on the post of Assistant Sub Inspector (M) at Bhadohi, a complaint dated 22.7.2009 was submitted to the Additional Director General of Police, Special Branch (Adhisoochana Vibhag), Lucknow against the petitioner by one Sri Shyam Lal and other constables alleging that the petitioner, while being posted as Clerk in the office of the Superintendent of Police, Sant Ravidas Nagar, used to have the employees suspended and thereafter took money from such suspended employees for reinstatement in the name of his superior officers. It was also alleged that he is owner of Truck No.U.P.75J 9762 and has contracted a second marriage with one constable Gunjan Seth who is posted in district Ballia. Copy of the complaint dated 22.7.2009 is Annexure-4 to the writ petition. On the basis of the said allegations, the petitioner was suspended vide order dated 31.10.2009. A preliminary inquiry was conducted against the petitioner by one Dr. B.N. Tiwari, Additional Superintendent of Police, Mirzapur and the said report was submitted on 16.1.2010 against the petitioner wherein the allegations levelled against the petitioner were found established and the Inquiry Officer recommended the punishment of dismissal from service. Copy of the preliminary inquiry report dated 16.1.2010 is Annexure-5 to the writ petition.