- (1.) The special appeal has arisen from a judgment and order of the learned Single Judge dated 6 October 2015. Finding that the disciplinary proceedings which were initiated against the respondent suffered from a breach of the principles of natural justice, the learned Single Judge directed the appellants to take back the respondent to the Police Training College to enable him to undergo and complete the training together with the next available batch of Sub Inspectors (Civil Police) in accordance with law.
(2.) The State is in appeal.
(3.) The respondent was appointed under the Uttar Pradesh Recruitment of Dependents of Government Servants (Dying in Harness) Rules, 1974 and was deputed for training as a trainee Sub Inspector from 1 August 2005 at the Police Training College, Morababad. The allegation against the respondent is that on 17 July 2006 at about 4.10 p.m., the respondent climbed on the roof of Barrack No 1 of the Police Training College Campus, but on the persuasion of other trainees he was brought down. On 18 July 2006, an examination in field craft was scheduled at 3.00 pm. It is alleged that the respondent, instead of participating in the examination, left the team, climbed on to the roof of the Gymnasium and jumped down, sustaining serious injuries. The respondent was taken to hospital for treatment and a First Information Report in Case Crime No 1648 of 2006 was registered under Section 309 of the Penal Code. A charge sheet was submitted on 27 September 2006 before the competent Court, after investigation.;