- (1.) The main question for consideration in the present writ petition is whether the action of the respondents in dismissing the petitioner from service, after dispensing with the disciplinary enquiry, is justified or not.
(2.) The petitioner was working as a Sub-Inspector in Civil Police and his services are regulated by the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 (hereinafter referred to as "Rules"). Rule 8 is pari materia with Article 311(1)(2) of the Constitution of India. Relavant part of it, reads as follows: - "8. 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 reason to be recorded by that authority in writing, it is not reasonably practicable to hold such enquiry; or............"
(3.) It is alleged that on 22.06.2006, when the petitioner was posted as sub-inspector at P.S Chilh, district Mirzapur, he without any prior information or permission, absented from duty, came to Allahabad and under influence of liquor, he created a ruckus at Johnstonganj crossing, at Allahabad. He is alleged to have taken out his pant and belt, indulged in indecent behaviour, wearing police uniform shirt and underwear. The aforesaid incident was reported in Newspaper 'Amar Ujala' Allahabad, 'Dainik Jagran' and 'Times of India' and in various T.V. Channels. The incident had undermined the image of the police department. It appears that a report about the incident was forwarded by Superintendent of Police, Mirzapur to Deputy Inspector General of Police, Vindhyachal Range, Mirzapur. Acting on the same, he passed an order on 23.06.2006 dismissing the petitioner from service. The order has been passed in purported exercise of power under Rule 8(2)(b) of the Rules. The reason given in the order for dispensing with the enquiry is that the petitioner continues to be absent from his duty and there was no possibility of his co-operation in the enquiry proceedings. It is further stated that the incident was widely reported in various Newspapers and electronic media and, therefore, it would not be expedient or practicable to hold the enquiry. Challenging the said order, the petitioner has preferred the instant writ petition.;