A.P.SAHI, J. - (1.) HEARD learned Counsel for the petitioner and learned Standing Counsel for the respondents.
(2.) THE petitioner has come up against the show cause notice dated 30.12.2005, on the ground that it has been issued for imposing a minor penalty of adverse/censure entry, which cannot be awarded in view of the decision of the Lucknow Bench in the case of Deep Narain Singh v. State of U.P. and others. A perusal of the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991, indicates that the said Rules have been framed in exercise of powers contained in Sections 2, 7 and Section 46 (2) and (3) of the Police Act of 1861. Section 7 of the Act in its opening words clearly recites as under : "Subject to provisions of Article 311 of the Constitution of India and to such Rules as the State Government may from time to time make under this Act......."
(3.) THE expression "subject to" conveys the idea of a provision yielding place to another provision or other provisions to which it is made subject. A perusal of the aforesaid opening words leave no room for doubt that the Act itself carves out the powers conferred on the State Government to frame such Rules. The delegation of power is wide enough and not conditional.;