JUDGEMENT
S.N. Srivastava, J. -
(1.) The writ petition is directed against the order dated 3rd January, 1998 dismissing the petitioner in exercise of power under Rule 8 (2) (b) of the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 (hereinafter referred to as 'the Rules').
(2.) The petitioner was initially appointed as Police Constable in the year 1974, He was promoted on 15.12.1982 as Head Constable. At the relevant time, he was working in Police Station, George Town, Allahabad. The Senior Superintendent of Police, Allahabad by the impugned order dated 3.1.1998 dismissed the petitioner in exercise of power under Rule 8 (2) (b) of the rules.
(3.) Rule 8 is produced below :
8. Dismissed 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 reason 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.;
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