Sunil Ambwani, J. - (1.) By this writ petition, petitioner has challenged orders passed by Superintendent of Police (Railways), Agra dated 17th February, 2001 by which petitioner has been dismissed from service as Constable Civil Police, posted in Government Railway Police in exercise of powers under Rule 8(2)(b) of Uttar Pradesh Police Subordinate Ranks (Punishment and Appeals) Rules, 1991 (in short Rules, 1991) which provides that a Police Officer of subordinate ranks, could be dismissed, removed or reduced in rank if the authority is satisfied that for reasons to be recorded in writing, it is not reasonably practicable to hold an enquiry.
(2.) I have heard Sri R.G. Padia, Senior Advocate, assisted by Sri Prakash Padia and Sri S.N. Srivastava, Shri Ravi Ranjan, learned Standing Counsel for respondent.
(3.) Petitioner was appointed as constable in Civil Police on 1.8.1989. He joined duties in Government Railways Police in the year 1998. By an order dated 26.12.2000, petitioner was suspended on the charge of patronising criminals for committing crimes in trains and by sharing stolen property, and to benefit monetarily from such source. A preliminary enquiry was held in the matter on the affidavit given by one Shri Virendra Singh alias Pappu son of Vishram Singh , resident of village Kakrauli Patti. Police Station Kamalganj, district Farrukhabad stating that the deponent was committing crime in trains during which he came into contact with two constables, namely petitioner and Shailendra Singh and asked the deponent to involve his entire group for committing robberies in trains and to pay Rs. 50,000/- per month to them. The deponent could not contact others, and thus by acting alone with the help of the two constables, he committed crimes and made payment of Rs. 5,000/- to each constable within a week. Some other criminals, namely Jabbar etc., were involved in committing crimes in trains and had given stolen jewellery worth Rs. 40,000/- to these constables. Subsequently, the same Virendra Singh retracted from the affidavit dated 27.5.2000 and submitted another affidavit dated 29.12.2000 stating that he was arrested by G.R.P., Agra on 20.5.2000 and was released after ten days. In between, he was taken to G.R.P. Agra where he was forcibly required to sign on an affidavit. He denied that he has any contact with petitioner and Shailendra Singh. Both these affidavits were sent to the Deputy Superintendent of Police, Railways. Agra for preliminary enquiry.;