- (1.) Heard learned counsel for the petitioner.
(2.) The petitioner is a Constable and was working as a Bandi Rakshak in Police Lines, Ramabai Nagar. The allegation is that on 4.4.2011, when he took the accused Jitendra Kumar to produce in the Sessions Court, Ramabai Nagar, he allowed the accused Jitendra Kumar to run away. For such allegation the petitioner has been suspended and a inquiry proceeding has been initiated. In inquiry, the petitioner was found guilty and the matter has been referred to the disciplinary authority. The disciplinary authority has issued a show cause notice and from perusal of the order dated 28.8.2011, it appears that no reply has been filed to the show cause notice. The disciplinary authority vide order dated 28.8.2011 has awarded punishment under Rule 4 (1) (k) (3) of the U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 to the extent of reducing the salary to the minimum scale for a period of three years. The appeal filed by the petitioner has been rejected by the order dated 13.9.2011 by the appellate authority against which the petitioner filed revision which has also been rejected vide order dated 23.8.2012. All the authorities found the petitioner guilty and affirmed the punishment.
(3.) Learned counsel for the petitioner submitted that the petitioner was a disabled person and having regard to his disability by the letter dated 20.8.2010 the Superintendent of Police asked the Reserved Police Lines, Ramabai Nagar to take light work from him without arm but despite that he has been posted for heavy duty. He further submitted that various medical reports reveal that he was ailing. He submitted that the quantum of punishment is excessive and may be reduced.;