B.N.Sapru - (1.) JAGAT Pal Singh was a Constable in the Police. He had certain grievances against the authorities and he submitted representations to the Deputy Inspector General of Police (Range) and also to the Deputy Inspector General of Police (CID) but had not sent them through the Superintendent of Police. For this act, the petitioner was served with a charge- sheet dated 26-6-1972, a copy of which has been filed as Annexure 1 to the writ petition. The charge no. 1 pertains to the making of representations and the charge no. 2 cited instances of petitioner's previous conduct on the basis of which action had been taken against the petitioner. The petitioner submitted his explanation and an enquiry was held and (the petitioner was dismissed from service by an order of the Superintendent of Police dated 26-11-1972 (Annexure 4 to the writ petition).
(2.) THE petitioner preferred an appeal to the Deputy Inspector General of Police which was rejected by an order dated 23-1-1973. The petitioner then preferred a representation to the Inspector General of Police which in its turn was rejected by the Inspector General of Police by his order dated 22-4-1976. Aggrieved by the orders passed by the authorities the petitioner preferred a reference petition before the U. P. Public Services Tribunal which was numbered as Reference No. 927 (ii)/76 and which was dismissed by the Services Tribunal. The Tribunal has found that there was no defect in the procedure adopted in the disciplinary proceedings instituted against the petitioner and on this finding it dismissed the reference petition.
(3.) AGGRIEVED the petitioner had instituted the present writ petition. The only charge on which the action has been found to have been taken against the petitioner is the act of the petitioner in sending the representations to the Deputy Inspector General of Police (Range) and also to the Deputy Inspector General of Police (CID) directly and not through the Superintendent of Police. The Police Regulations contemplate the petition being addressed by the Sub- ordinate Police Officers to the Superior Officers through immediate Officer. Police Regulation 514 (a) runs as follows :- "514. A police officer who has any official grievance other than one covered by the rules relating to appeal and applications for revision given above may present a petition under the following rules : (a) The petition should, in the first place, be addressed to the officer of the lowest rank who is empowered to pass the desired order. A petition addressed to a higher authority in contravention of this rule will be summarily rejected. It must be preferred within three months of the date on which the officer submitting the petition was informed of the order against which he petitions, provided that the authority to whom the petition is submitted may extend the time-limit to six months if he is satisfied that the petitioner was prevented by unavoidable circumstances, beyond his control from petitioning within the prescribed limit of three months. ";