RAM CHARIT PANDEY Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned standing counsel and also perused the record.

(2.) By means of this petition under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the notice dated 5.2.1999 whereby the petitioner has been called upon to show cause as to why censure entry noted in the said notice be not awarded to him. Proper for issuance of a writ, order or direction in the nature of prohibition restraining the respondents from conducting any further proceedings against the petitioner in pursuance of the aforesaid notice as well as prayer for issuance of a writ order or direction in the nature of mandamus commanding the respondents not to enforce the provisions of Rule 4 (1) (b) (iv) of the V. P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules 1991. to declare ultra Hires of Section 7 and Section 46 (2) (c) of the Police Act have also been made.

(3.) For deciding the present petition, it is not necessary to state the facts of the case in detail. It would suffice to state that in connection with an incident of dacoity happened on 15/16.11.1998, the Superintendent of Police, district Sitapur issued the impugned notice dated 5.2.1999 calling upon the petitioner who was holding the post of Inspector of Police Station Hargaon, district Sitapur. to show cause as to why censure entry mentioned in the said notice be not awarded to him. The petitioner instead of showing cause to the Superintendent of Police, Sitapur in reply of the aforesaid notice straightaway filed the present petition in this Court for the above mentioned reliefs.