RAKSH PAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner, who was a Constable in the Civil Police, has sought the quashing of the order dated 19th January, 2001 passed by the Superintendent of Police, Badaun by which the petitioner has been dismissed 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 ''rules' ).

(2.) THE order dated 19th January, 2001 passed by the Superintendent of Police, Badaun does not give any reason as to why it was not reasonably practicable to hold an inquiry. In-fact the order merely recites the charges against the petitioner on account of which the officer proceeded to dismiss the petitioner from service.

(3.) LEARNED counsel for the petitioner has submitted that there did not exist any reason for invoking the powers under the second proviso to Rule 8 (2) of the Rules and in-fact no reason has also been mentioned even in the impugned order. Learned Standing Counsel, on the other hand, submitted that in the facts and circumstances of the case, the authority was justified in invoking the power under the proviso to Rule 8 (2) of the Rules.