BRIJ MOHAN SHUKLA @ BRAJ MOHAN SHUKLA Vs. STATE OF U P
LAWS(ALL)-2015-2-44
HIGH COURT OF ALLAHABAD
Decided on February 12,2015

Brij Mohan Shukla @ Braj Mohan Shukla Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

- (1.) The challenge in the present writ petition is to an order dated 31.12.1997, terminating the services of the petitioner in terms of Rule 8 (2) (b) of the U.P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rules, 1991 (in short "Rules 1991"). The petition further lays challenge to the orders dated 24.02.1999 and 23.07.2009 being orders of affirmance passed in the Departmental Appeal and Revision respectively lodged by the petitioner.
(2.) A reading of the impugned order establishes that the Appointing Authority of the petitioner upon enquiry found that a Criminal Case No. 160 of 1988 under Sections 379, 411 IPC stood lodged against the petitioner and in which the competent Court had received a charge sheet naming the petitioner thereon 08.06.1988. Additionally, the order records that a confidential report had recorded the involvement of the petitioner in various other criminal activities and his complicity and active association with criminal elements in the district.
(3.) Based on the above two facts, the impugned order records that in a regular Departmental Enquiry, the petitioner was likely to influence and threaten his fellow officers. The Authority recorded that the continuance of the petitioner in the Police Force would not be in public interest and therefore proceeded to pass the order of termination. This order was taken in Departmental Appeal and Revision by the petitioner and was ultimately affirmed by both the Appellate as well as the Revisional Authority. Aggrieved thereby, the instant writ petition has been filed.;


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