- (1.) Chanresh Yadav, petitioner has approached this Court questioning the validity of the order dated 31.5.2011 passed by the Disciplinary Authority imposing punishment of Censor, as is envisaged under Rules 4 (1) (b) (iv) of U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 and order of its affirmance in appeal dated 22.9.2011 passed by the Inspector General of Police, Varanasi zone, Varanasi and order of its affirmance dated 12.7.2012 in Revision passed by the Additional Director General of Police, U.P. Police Head Quarter, Allahabad.
(2.) Brief background of the case is that petitioner has been performing and discharging his duty as Sub Inspector in Police Department. An incident occurred on 25.7.2010 in village Savansa, and in reference to the said incident, complaint was made by Ram Asrey Pandey, Pradhan of the village that petitioner for no rhyme and reason, has misbehaved with him and has dragged him at the police Station. Petitioner on the same date i.e. on 25.7.2010 made entry of his arrival in general diary of the Police Station Maharajganj at Rapat No. 26 time 15.25 P.M., and thereafter at Rapat No. 27 at 15.30 entry was made by the petitioner of his Ravangi in compliance of the Radiogram send by the Superintendent of Police, Chandauli in compliance of the summon/notice issued under Section 350 Cr. P.C. by the District Judge, Chandauli. Petitioner's submission is that on the said summon/notice which has been so issued under Section 350 Cr. P.C. by the District Judge, Superintendent of Police, Chandauli on 20.7.2011 directed the Sub Inspector In-charge for necessary action. Petitioner submits that thereafter Station Officer In-charge directed the petitioner for compliance of the order. Petitioner submits that he appeared before the concern Court on 26.7.2010 and in between as complaints have been made against him, on the same, preliminary inquiry was directed and same was undertaken by the Additional Superintendent of Police, Jaunpur. Preliminary inquiry thereafter had been completed and report in question has been submitted. Thereafter, after aforementioned preliminary report had been submitted, show cause notice was issued to the petitioner as to why punishment of censor be not imposed upon the petitioner. Petitioner, thereafter, submitted his reply on 24.5.2011 and thereafter order of censor has been imposed by the Superintendent of Police, Maharajganj on 31.5.2011. Aggrieved against the same, petitioner preferred appeal and said appeal was rejected on 22.9.2011. Thereafter revision has been preferred and same has also dismissed on 12.7.2012 and thus impelling the petitioner is before this Court.
(3.) To the said writ petition, counter affidavit has been filed and therein averments mentioned in the writ petition has been disputed.;