SWATANTRA BIR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) IN the present writ petition, petitioner is questioning the validity of the dismissal order dated 11.07.2006 passed by Superintendent of Police, Bijnore in exercise of authority vested under Rule 8(2)(b) U.P. Police Officers of the Subordinate Rank (Punishment and Appeal) Rules 1991 and order of its affirmance in Appeal and Revision dated 12.03.2007 and 08.05.2007 respectively passed by Deputy INspector General of Police Moradabad Range Moradabad and INspector General of Police, Bareilly Zone Bareilly. At this juncture present writ petition has been filed.

(2.) BRIEF background of the case is that on 20.06.2006 at 5.00 am Circle Officer, Rampur found the petitioner and two others demanding illegal money from the Truck Drivers of Truck No UP-21N-2153 near Railway Crossing Pandhiya and constables were quarreling with the truck driver and for this act of petitioner First Information Report lodged being case crime no. 1189 of 2006 under Section 7/13 of Anti Corruption Act and 384 IPC at Police Station Civil Lines District Rampur. After petitioner has been sent to Jail service record of the petitioner was perused and past conduct of the petitioner was looked into and then taking into consideration such illegal act of the petitioner which has been highly publicised in well known newspaper and as on account of the same the image of the police force has been tarnished and indiscipline in force member cannot be tolerated and as on account of influence, public witnesses would not come forward as such it would not be reasonable, practicable to hold inquiry and in this background in exercise of authority vested under Rule 8(2)(b) U.P. Police Officers of the Subordinate Rank (Punishment and Appeal) Rules 1991, order of dispensation of service has been passed. At this juncture present writ petition has been filed.

(3.) SRI Ram Shiromani Mishra Advocate, contended with vehemence that in the present case there was no material to show and substantiate that inquiry into the matter is practically not feasible, and further on mere surmises and conjecture orders have been passed, as such power in question has been colourably exercised, consequently writ petition, deserves to be allowed.