B.Amit Sthalekar, J. - (1.) THIS writ petition has been filed by the petitioner challenging the dismissal order dated 21.6.2009 and the appellate order dated 5.10.2010.
(2.) BRIEF facts of the case are that the petitioner while posted as constable in the police out post GRP Mailani, police station G.R.P. Lakhimpur Kheri was assigned the Escort Duty of Train No. 190 Down, Gonda Mailani Passenger alongwith one other constable Ram Singh. When the said passenger train reached the railway station Tikoniya, one Dinesh Kumar alongwith his wife Smt. Kavita Devi and two year old daughter boarded the train and Dinesh Kumar Kumar tied his bicycle on the window of the passenger train. It is further alleged that the petitioner alongwith constable Ram Singh demanded ticket from Dinesh Kumar in respect of bicycle and also demanded money from Smt. Kavita. On their refusal to give money for the ticket, an altercation ensued between petitioner and constable Ram Singh with Dinesh Kumar and Smt. Kavita Devi and as a result of the altercation, it is alleged that the petitioner and constable Ram Singh pushed Smt. Kavita Devi and her two year old daughter out of the moving train, which resulted in the death of Smt. Kavita Devi and her child as she was pregnant at that time and also resulted in serious injuries to her two year old daughter. A criminal case No. 45 of 2009, under Sections 304, 383 and 384 I.P.C. was lodged against the petitioner and constable Ram Singh and by order dated 19.6.2009, the department also placed these two persons under suspension because of their involvement in the criminal case. Subsequently without holding any departmental enquiry the petitioner was dismissed from service by the respondent No. 3 in exercise of powers under Rule 8 (2) (b) of the U.P. Police Officers of the Sub Ordinate Ranks (Punishment and Appeal) Rules 1991. A counter-affidavit has been filed on behalf of respondents wherein similar facts have been reported to the effect that Dinesh Kumar alongwith his pregnant wife and two year old daughter boarded the Gonda Mailani Passenger and tied their bicycle outside the window of the train, for which ticket was demanded from Dinesh Kumar by the petitioner, which resulted in an altercation between the petitioner alongwith Ram Singh and Dinesh Kumar and his wife. In the ensuing dispute Smt. Kavita alongwith her two year old daughter were pushed out from running train, which resulted in the death of Smt. Kavita as well as her unborn child whereas her two year old daughter suffered serious injuries. It has further been stated that the act of the petitioner was inhuman and barbaric and if action had not been taken against the petitioner it would tarnish the image of the police force and, therefore, it was absolutely necessary to take action against the petitioner and constable Ram Singh and, therefore, they were dismissed from service in exercise of powers under Rule 8 (2) (b) of the U.P. Police Officers of the Sub Ordinate Ranks (Punishment and Appeal) Rules 1991. Challenging the order of dismissal from service dated 21.6.2009, the petitioner filed Writ Petition No. 653 (S/S) 2010 before the Lucknow Bench of this Court, which was dismissed on 4.2.2010 on the ground that the petitioner had an alternative remedy of filing an appeal under the Rules. Accordingly the petitioner filed an appeal before the Deputy Inspector General of Police, (Railway) Lucknow, which was dismissed by order dated 5.10.2010 wherein the appellate authority concurred with the opinion of the disciplinary authority, Superintendent of Police, Railways, Lucknow.
(3.) IN the counter-affidavit a plea has also been taken that the petitioner has remedy by way of filing revision before the INspector General of Police (Railway) under Rule 23 of U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 and further remedy for filing petition before U.P. State Public Service Tribunal, Lucknow. I have heard Sri Vijay Gautam, learned counsel for the petitioner and learned Standing Counsel appearing for respondents.;