- (1.) V. C. Misra, J. Sri R. N. Rai, learned Counsel for the petitioner and learned standing Counsel on behalf of the respondents are present. Counter and rejoinder affidavits have been exchanged. On the joint request of learned Counsel for the parties, this writ petition is being decided finally at the admission stage in terms of the Rules of the Court.
(2.) THIS writ petition has been filed by the petitioner for quashing orders dated 17th August, 2005, passed by respondent No. 5, 9th October, 2005 passed by respondent No. 4 and 12th December, 2005 passed by respondent No. 3 (Annexures No. 5, 7 and 9 to the writ petition respectively) and further for a direction to the respondents to allow the petitioner to work on the post of Constable in Civil Police and pay him salary month to month in accordance with law. The facts of the case of the petitioner in brief are that he was posted as constable in Civil Police of Uttar Pradesh and during the course of service he was posted as constable 94 C. P. at police station Khekhara District Baghpat and before passing the impugned termination order he was working at Police Chauki Bazar, Khekhara, Baghpat. On 15-8-2005, the petitioner was relieved by the Station Officer to proceed to village Sunhaira vide G. D. No. 15 at 22. 30 hours for the purpose of getting arm's licence deposited due to the Panchayat Election of 2005. While he was away from duty, Sub-Inspector Jai Dev Malik made an inspection of the Police Chauki Bazar Khekhara and made an endorsement in the G. D. No. 38 at 23. 30 hours to the effect that he was not present at the Police Station and submitted his report. The petitioner after having knowledge of the aforesaid complaint reported at the Police Station Khekhara and made an entry to that effect in G. D. No. 40 at 23. 45 hours on 15-8-2005. It is alleged in the writ petition that the said Sub-Inspector without making necessary enquiry about rawangi of the petitioner to village Sunhaira vide G. D. No. 15 at 22. 30 hour reported the matter to the Superintendent of Police, Baghpat on 16-8-2005 (Annexure No. 4 to the writ petition) that the petitioner was habitual of drinking alcohol and misbehaved in drunken state with the public and other employees of the department in the night of 15-8-2005. A search of the petitioner was made, on the instructions of the Superintendent of Police and it was found that he alone was found absent from duty whereas other remaining employees had gone on election duty and such act committed by the petitioner amounted to serious negligence and utmost dereliction of duty. In the report a request was made that the petitioner may be transferred to some other distant place. On the said report an endorsement was made by the Superintendent of Police on 16-8-2005 to the effect which reads as under: "h. C. /put up to termination order under 8 (2) b. " The Superintendent of Police, Baghpat exercising its power under Rule 8 (2) b of the Uttar Pradesh Police Officers of the Sub-ordinate Ranks (Punishment and Appeal) Rules, 1991 (hereinafter referred to as the Rules) vide order dated 17-8-2005 terminated the services of the petitioner with immediate effect on the ground of misbehaviour and uncivilized action with the public and other employees of the department due to which the image of the Police department was tarnished and such misbehaviour and dereliction of duty naturally had a bad affect on the other Police Officials, therefore, he was satisfied that the petitioner was fully unfit to continue on his post in the disciplined Police Force.
(3.) BEING aggrieved by the aforesaid impugned order dated 17-8- 2005 the petitioner filed an appeal before the Deputy Inspector General of Police-respondent No. 4 under Rule 23 of the Rules against the order dated 17-8-2005 (Annexure No. 5 to the writ petition) on the ground that neither any opportunity of hearing was afforded to him nor any disciplinary proceedings in accordance with law was drawn against the petitioner at all before passing the impugned termination/dismissal order dated 17- 8-2005 (Annexure No. 5 to the writ petition ). The said appeal was dismissed by the respondent No. 4. Feeling aggrieved, the petitioner filed a revision against the said order before the Inspector General of Police, Meerut Region, Meerut- respondent No. 3 under Rule 23 of the Rules which too was rejected vide impugned order dated 12-12- 2005 (Annexure No. 9 to the writ petition ).;