PARAS NATH SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Aggrieved by the judgment dated 10.11.2017 passed by learned Single Bench in Service Single No. 7049 of 2000, this appeal is preferred.

(2.) By the judgment aforesaid, learned Single Bench dismissed the petition for writ questioning correctness of the order dated 14.03.1996 passed by Disciplinary Authority imposing a penalty of removal upon the appellant-petitioner.

(3.) In brief, facts of the case are that appellant was subjected to a disciplinary action as per provisions of Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 (hereinafter referred to as "Rules, 1991"). After completing the inquiry vide order dated 14.03.1996, he was removed from service. Prior to removal from service, a notice to show cause was given to him calling upon his comments and explanation with regard to the findings arrived by the Inquiry Officer. The appellant-petitioner stated that no charge-sheet was served upon him and, as such, the entire disciplinary action is bad and deserves to be quashed. It was also stated by the delinquent employee that the Inquiring Authority had no authority to propose any punishment, therefore, punishment as that reflects bias on his part, but, in the instant matter, the penalty of removal was proposed by the Inquiry Officer and, as such, that vitiates the process of inquiry. The Disciplinary Authority on basis of the findings arrived imposed a penalty of removal vide order dated 14.03.1996.