DHANI RAM Vs. SUPERINTENDENT OF POLICE, HARDOI

JUDGEMENT

(1.) This petition has been filed to declare the provisions of Para 493(c) of the Police Regulations unreasonable as it given arbitrary powers to the administrative authorities and to quash the order dated 19-7-1988 (Annexure-1) whereby the petitioner has be'. removed from service.

(2.) The petitioner was initially recruited as Constable in the year 1962. He was promoted to the post of Head Constable in the year 1982. After his promotion he was working as Head Constable at P.S. Tandiawan, District Hardoi. He was prosecuted for an offence under Sec. 161, I.P.C. for accepting illegal gratification of Rs. 300.00 from one Paras Ram on 5-2-1982 at about 6.05 p.m. at P.S. Tandiawan. There was a charge under Sec. 5(2) of the Prevention of Corruption Act also against him The case was investigated and charge-sheet was submitted against him on 6-4-1982. Thereafter he was tried for the aforesaid offence in the court of Special Judge, Hardoi. The learned Special Judge making the following observation in the concluding paragraph of the judgment dated 24-5-1985 acquitted the petitioner :

(3.) Learned counsel for the petitioner did not challenge validity oi Para 493(c) of Police Regulations. He argued that departmental proceedings could not be initiated against him on the basis of the same charge which could not be proved before the criminal court and the petitioner was honourably acquitted. It was further argued by him in this connection n that by virtue of are 493(c) of the Police Regulations departmental proceedings could not be initiated against him. We find much force in this argument.