- (1.) The appellant before us has filed a writ petition no. 38200 of 2013 challenging the order dated 29.1.2013 cancelling the earlier penalty order dated 15.7.2012, the notice dated 30.1.2013 to show cause as to why the penalty of dismissal be not imposed, the chargesheet dated 12.6.2013, and the order dated 12.12.2012 by which his departmental appeal against the earlier order of punishment dated 15.7.2012 was set aside.
(2.) We have heard Shri Satya Prakash Pandey, learned counsel appearing for the appellant and the learned standing counsel for the respondents.
(3.) The petitioner-appellant, who was working as a constable, was charge sheeted on 1.10.2011 and in the departmental proceedings a penalty order dated 15.7.2012 was passed awarding the punishment of reduction to the lowest of the pay scale for a period of one year. The petitioner-appellant preferred a departmental appeal before the Dy. Inspector General of Police, Kanpur Range, Kanpur who by his order dated 12.12.2012 considered the appeal and set aside the earlier punishment order dated 15.7.2012 and a direction was issued to the Superintendent of Police (Disciplinary Authority) to reconsider the matter and award penalty as per Rules. Accordingly the impugned order dated 29.1.2013 was passed by the Superintendent of Police setting aside the earlier penalty order dated 15.7.2012. Thereafter the impugned show cause notice dated 30.1.2013 was issued to the petitioner. According to the appellant a fresh charge sheet has been issued to him on 12.6.2013. Be that as it may, the orders under challenge in the writ petition before the learned Single Judge were the orders dated 12.12.2012 of the Dy. Inspector General of Police passed in departmental appeal, the order dated 29.1.2013 and the notice dated 30.1.2013.;