- (1.) This intra-Court appeal arises from the order of the learned Single Judge dated 26th March, 2012, passed in Civil Misc. Writ Petition No. 54347 of 1999. The operative portion of the order of the learned Single Judge is reproduced hereunder: Since no reason has been given in the impugned order as to why it was not possible to hold an enquiry order under Rule 8(2)(b) is not fully justified. In the facts and circumstances of the case, I direct the respondents to hold an enquiry in the matter and give to the petitioner a proper opportunity of hearing. The respondent authority shall conclude the enquiry in accordance with law within three months from the date of production of a certified copy of this order being placed by the petitioner before the respondent authority within ten days from today. It is made clear that this order will not amount to an order of reinstatement or setting aside the order of termination but this is being passed for this purpose of giving to the petitioner a proper opportunity of hearing. The writ petition is disposed of as above. No costs. We have heard Learned Counsel for the appellant and Sri M.S. Pipersenia, learned Standing Counsel for the State - respondents.
(2.) The appellant - Rajendra Singh filed the writ petition praying for quashing of the dismissal order dated 6.12.1999, passed by the Superintendent of Police Fatehpur, purported to have been passed invoking the provisions of Rule 8(2)(b) of the U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 (hereinafter referred to as the 'Rule').
(3.) At the outset, we may refer to Rule 8(2)(b) of the 1991 Rules which reads as under: 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.;