Devendra Kumar Arora, J. - (1.) HEARD Sri R.N. Singh, Senior Advocate, assisted by Sri Manoj Kumar Singh, Advocate, appearing for the petitioner and the learned Standing Counsel appearing for the respondents.
(2.) BY means of instant writ petition, the petitioner seeks a writ in the nature of certiorari for quashing the impugned dismissal order dated 05.6.2003, passed by respondent No. 2 (Annexure No. 3 to the Writ Petition). The petitioner further prays for a writ of mandamus commanding the respondents to reinstate him on the post of Police Constable and pay him salary. Facts of the case, as per pleadings of the writ petition, in nutshell, are that in the year 1995 petitioner was selected and appointed on the post of Constable in the police department as Constable 1068 A.P. In the month of May, 2003, petitioner was discharging his duties at Police Line, Kanpur Nagar. On 28.5.2003, a prisoner, namely, Kallan @ Kalloo, an accused in case crime No. 92 of 2003, under Section 18/20 N.D.P.S. Act, Police Station Mangalpur, district Kanpur Nagar was given in the custody of the petitioner including two other constables namely, Constable 132 A.P. Yadubansh Singh and Constable 233 A.P. Virendra Singh. The said prisoner fell ill and with the result, he was sent for his treatment in Murarilal Chest Hospital, Kanpur Nagar. In the night of 28/29.5.2003 the prisoner Kallan @ Kalloo absconded from the said hospital. The petitioner immediately informed at police station Swaroop Nagar, district Kanpur Nagar about absconding of the accused but the police of P.S. Swaroop Nagar did not lodge any First Information Report. However, S.I. Matadin Verma of PS. Swaroop Nagar reached the spot and then F.I.R. was lodged on 29.5.2003 as case crime No. 64 of 2003 under Sections 223 and 224 I.P.C. at Police Station, Swaroop Nagar, Kanpur Nagar. On 30.5.2003 petitioner was placed under suspension in contemplation of inquiry and Addl. Superintendent of Police -I was directed to conduct a preliminary enquiry and submit his report within seven days. The respondent No. 2 by means of Order dated 05.6.2003 dismissed the petitioner from services by invoking powers under Rule 8(2)(b) of U.P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rules, 1991. Being aggrieved, petitioner has approached this Court.
(3.) SUBMISSION of learned Counsel for petitioner is that in the hospital, electric supply used to fail off and on and taking advantage of electricity failure the accused Kallan @ Kalloo absconded from the hospital. As such, there was no fault on the part of the petitioner in discharging his duties. The other two constables who were on duty alongwith the petitioner, were not present at the relevant time.;