RAJA RAM YADAV Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Shri Vijay Gautam, learned counsel for the petitioner. Learned standing counsel appears for the respondents.

(2.) IN the year, 2006, the petitioner a Constable No. 218 in civil police was posted at P. S. Kotwali, district Ghazipur. It is alleged that on 22/23.7.2006 when he was assigned duties with Circle Officer, Saidpur, he left his duties, stopped Truck No. UP61-C-5237 and was demanding money, when the Superintendent of Police, Ghazipur reached on the spot. The petitioner and one other person ran away leaving the motor cycle, on which they were riding on the spot. The truck driver and the trader sitting in the truck made a complaint about illegal demands made by the petitioner and his accomplice. A preliminary enquiry was conducted, after which a regular departmental enquiry was held by Shri Dilip Kumar, Addl. Superintendent of Police (Rural), district Ghazipur. The enquiry officer submitted his findings and recommended to punish the petitioner with dismissal of service under Rule 14 (1) of the U. P. Police Officers of Subordinate Rank (Punishment and Appeal) Rules, 1991.

(3.) THE constable Sambhu Nath Ram did not support his statement and stated that at 1.30 p.m. he was alone on the picket when the Addl. Superintendent of Police made surprise checking. THE petitioner had left without informing him half an hour before the inspection. He had informed this fact to the Addl. Superintendent of Police, after which he has reported the matter to the police station at about 2.30 a.m. in 'rojnamcha aam' and deposited his rifle and cartridge. THE witness in reply to the specific questions put to him told the enquiry officer that when the petitioner was leaving the duty, he had not given any reason to him and had left the place without informing him. THE witness also denied that the constable Raja Ram had met him during beat or at picket.