(1.) 1. While admitting the present writ petition the following questions were framed for adjudication:- (i) Whether filing of affidavit by a person in a court of law shall constitute a case of misconduct and the Government employee concerned can be charged for misconduct under Service Rules? (ii) Whether the State Government or district authority has got right to take disciplinary action relating to conduct of filing of affidavit in this court by the Government employee more so, when no proceeding has been initiated by this Court in pursuance of provisions contained under Section 195 IPC, 340 and 341 Cr.P.C. or any law time being in force? (iii) Whether in the present case, where a different view was taken by the punishing authority with regard to the incident than what was taken by the inquiry officer without serving show cause notice or recording reasons therefore, is sustainable under Law? (iv) Whether citizen including Government employees or the members of Police Force have right to file affidavit in a court under judicial proceedings and in case filed then whether only because of such action, such person can be permitted to face disciplinary action or may be punished for that action under Law time being in Force? Brief Facts
(2.) PETITIONERS, who are Head Constables and Constables of U.P. Police Department were deputed for guard duties in the year 2002 at the residence of one Shri Akhilesh Singh Member of Legislative Assembly. On 3.7.2002 an incident of murder of one Shri Rakesh Pandey in district Raebareli took place. In consequence thereto a case crime no. 311/02 under Section 302/395/120-B I.P.C. was lodged in Police Station Kotwali, District Raebareli. Shri Akhilesh Singh was named as an accused. Shri Akhilesh Singh in the year 2002 had filed a Writ Petition No. 5045 (MB) of 2002 in the Lucknow Bench of High Court for quashing of FIR and staying of arrest. The writ petition was dismissed almost after lapse of five years on 26.8.2007. In the aforesaid writ petition affidavits (Annexure-5,6,7 and 8 to the writ petition) were filed by the petitioners with the statement of fact that on the alleged date of incident of murder of Shri Rakesh Pandey, Shri Akhilesh Singh was available at his Lucknow Residence. The petitioners had filed the affidavits with regard to availability of Shri Akhilesh Singh at his residence keeping in view the fact that they were posted as guard at the Lucknow residence of the accused.
(3.) AFTER receipt of enquiry report the disciplinary authority i.e. Senior Superintendent of Police Lucknow had served the show cause notice dated 26.5.2008 (Annexure-14 to the writ petition) on the petitioners. In response to which the petitioners had submitted their reply (Annexure-15).
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