- (1.) Writ petition has been restored to its original number vide order of date passed on recall application. As requested by learned counsel for the parties, the writ petition is taken up for hearing and is being disposed of finally.
(2.) This writ petition is directed against the punishment order dated 25.01.2009 and the appellate order dated 11.07.2009 whereby the punishment of withholding of integrity has been imposed by petitioner and his appeal thereagaisnt has been rejected.
(3.) Learned counsel for the petitioner contended that the said punishment is without jurisdiction since under Rule 4 of U.P. Police officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 (hereinafter referred to as the "Rules, 1991") there is no such punishment like withholding of integrity and, therefore, imposition of said punishment is wholly without jurisdiction. He placed reliance on an Apex Court's decision in State Bank of India and others Vs. T.J. Paul, 1999 3 JT 385 and a recent decision in Vijay Singh Vs. State of U.P. and others, 2012 4 JT 105 wherein the Apex Court has said that punishment not prescribed in Rules cannot be imposed upon a delinquent employee as a result of departmental inquiry. The Court in para 11 of the judgement in Vijay Singh said: "11. The issue involved herein is required to be examined from another angle also. Holding departmental proceedings and recording a finding of guilt against any delinquent and imposing the punishment for the same is a quasi-judicial function and not administrative one. (Vide: Bachhittar Singh v. State of Punjab & Anr., 1963 AIR(SC) 395; Union of India v. H.C. Goel, 1964 AIR(SC) 364; Mohd. Yunus Khan v. State of U.P. & Ors., 2010 10 SCC 539; and Chairman-cum-Managing Director, Coal India Ltd. & Ors. v. Ananta Saha & Ors., 2011 5 SCC 142). Imposing the punishment for a proved delinquency is regulated and controlled by the statutory rules. Therefore, while performing the quasi-judicial functions, the authority is not permitted to ignore the statutory rules under which punishment is to be imposed. The disciplinary authority is bound to give strict adherence to the said rules. Thus, the order of punishment being outside the purview of the statutory rules is a nullity and cannot be enforced against the appellant.";