- (1.) HEARD Sri R.K. Singh learned counsel for the petitioner and learned Stand­ing Counsel for the opposite parties.
(2.) THE petitioner has been dismissed from service by Superintendent of Police, Hardoi on 1.4.2008 as contained in Annexure No. 1 to the writ petition. The said order has been passed under Rule 8(2) of U.P. Police Offic­ers of Subordinate Ranks (Punishment and Appeal) Rules, 1991 read with Article 311(2)(b) of the Constitution of India. The facts of the case are that the peti­tioner was appointed as Constable in Police Department and he completed about 33 years of his satisfactory service. The charge lev­elled against the petitioner on 6.12.2007 at the time of duty is that in the morning he was found in intoxicated state after drinking wine and on 1.4.2008 he was produced before the Additional Superintendent of Police (West­ern) and he was found in intoxicated condi­tion and on the said act of the petitioner by the order of Additional Superintendent of Police, he was awarded 14 day's punishment of P.D. and the petitioner had been directed for the medical condition. In the medical ex­amination he was found to be in intoxicated state. It was stated in the impugned order of dismissal that petitioner was found guilty of dereliction and laxity towards duty. It is also mentioned in the impugned order that the petitioner was earlier awarded two adverse entries. The petitioner was earlier punished on account of dereliction of duties and he was earlier provided major punishment of mini­mum of pay scale for a period of two years.
(3.) THE crucial question involved in this case is as to whether the order of dismissal dated 1.1.1998 fulfills the condition prece­dent before passing the order as provided under the aforesaid Rules. Rule 8 of the Rules reads as under: "8. Dismissal and removal- (1) No Po­lice officer shall be dismissed or removed from service by an authority subordinate to the appointing authority. (2) No Police officer shall be dismissed, removed or reduced in rank except after proper inquiry and disciplinary proceedings as contemplated by these rules : Provided that this rule shall not apply- (a) Where a person is dismissed or re­moved or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or (b) Where the authority empowered to dis­miss or remove a person or to reduce him in rank is satisfied that for some reasons to be recorded by that authority in writing it is not reasonably practicable to hold such enquiry; or (c) Where the Government is satisfied that in the interest of the security of the State it is not expedient to hold such enquiry." ;