Vikram Nath J. - (1.) This writ petition has been filed for quashing the order dated 8.5.2000 dismissing the petitioner from service and the order dated 3.7.2000 passed by the appellate authority dismissing the appeal of the petitioner.
(2.) Petitioner was lady police constable in UP. Civil Police since 1980. It is alleged that the petitioner met with a serious accident and had to undergo surgery twice with regard to the fracture in left hand and in the hip Joint. The petitioner was suspended on 30.10.98 against which she preferred writ petition in this Court being Writ Petition No. 36557 of 1998, which was disposed of on 26.11.1998 with the direction to conclude the enquiry within a period of three months failing which the petitioner would be entitled for reinstatement. The respondents did not complete! the enquiry within the time allowed nor considered the request of reinstatement of the petitioner, as such, the petitioner preferred Contempt Petition No. 716 of 1999 which was disposed of. on 11.03.1999 and thereafter she was reinstated. It is alleged that on account of this contempt petition the respondent got annoyed and decided to teach her a lesson. the impugned order of dismissal Is an out come of the annoyance of the respondents. The charge sheet was issued to the petitioner only on 15.6.99 after the order in the contempt petition had been -passed and the petitioner had been reinstated which itself shows the conduct of the respondents that for a period of eight months no enquiry was initiated against the petitioner till the order in contempt petition had been passed and the petitioner had been reinstated.
(3.) The charge sheet was issued to the petitioner on 15.6.99 with the allegations that the petitioner was assigned the duty to produce the inmates of the jail for remand before the Magistrate and while performing the said duty the petitioner was not wearing the proper uniform and also allowed the inmates to interact with outsiders and as such she was negligent in her duties. It was further alleged that she deliberately flouted the orders of the superior Officer. The charge as framed was vague and did not refer to any specific incident. Further the charge sheet relied upon six witnesses namely (i) Ram Surat Verma Constable Civil Police, (ii) Jamuna Prasad Constable Civil Police, (Hi) Deo Nath Tiwari Head Constable, (iv) Shyam Suridar Singh Constable Civil Police, (v) Sri R.N. Upadhya Senior Superintendent Central Jail, Naini for proving his report/letter dated 30.10.98 and (vi) Sri Vikram Thakur Asstt. Superintendent, Central Jail, Naini to prove the preliminary enquiry report. The petitioner submitted her reply to the charge sheet and requested for cross-examining the witnesses and further to submit her defence after cross-examining the prosecution witnesses. The inquiry was entrusted to Sri Jugal Kishor, Circle Officer (City II) Allahabad.;