MAHENDRA SINGH Vs. STATE OF U.P.

JUDGEMENT

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

(2.) THE petitioner-Constable No. 444, Civil Police Mahendra Singh has filed this writ petition for a writ of certiorari to quash the orders dated 21.11.2007 passed by the Senior Superintendent of Police, Kanpur Nagar under Rule 8(2)(b) of the U.P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rules, 1991 (in short the Rules of 1991); the order of the Deputy Inspector General of Police, Kanpur Range, Kanpur dated 30.06.2008 and the order dated 25.09.2008 passed by the Inspector Genera of Police, Kanpur Zone, Kanpur dismissing the revision. The petitioner has also prayed for writ of mandamus for direction to reinstate him in service with regular salary and all consequential benefit and has also prayed for arrears of salary.

(3.) THE Deputy Inspector General of Police as appellate authority and the Inspector General of Police as revisionary authority have upheld the orders and the exercise of powers by the Senior Superintendent of Police under Rules 8(2)(b) of the Rules of 1991. Clause (2) of Article 311 of the Constitution of India provides that no person who holds a civil post under the Union or the State