MAHESH CHANDRA TRIPATHI, J. - (1.) Heard Shri Ajay Bhanot, Senior Advocate assisted by Shri Shiv Kumar Singh, learned counsel for the petitioner and Shri H.C. Pathak, learned Standing Counsel for the respondents.
(2.) Ram Lakhan Prajapati is before this Court for quashing the orders dated 29.10.2009, 26.3.2010 and 1.7.2010. He has further prayed for direction commanding the respondents not to deduct/reduce his salary and to pay his regular salary alongwith increments.
(3.) As per record, this much is reflected that the petitioner was initially appointed as a Constable in Civil Police on 1.2.1978. A preliminary enquiry was initiated against him on 28.12.2008 on the allegation that the petitioner was found drunken at a motor stand in District Jhansi on 26.12.2008, and in the aforesaid preliminary enquiry, the petitioner was found guilty. He was suspended in pursuance of the aforesaid preliminary enquiry dated 28.12.2008. Thereafter, on 10.2.2009 a departmental enquiry was ordered against him under Rule 14 (1) of U.P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rules, 1991 and the charge sheet dated 24.3.2009 was served upon the petitioner. The enquiry officer submitted his enquiry report on 30.3.2009 indicting the petitioner. Thereafter a show cause notice was issued to the petitioner on 5.5.2009 to which he submitted his reply on 26.2.2009. By the impugned order dated 29.10.2009, the Senior Superintendent of Police, Jhansi imposed a major penalty upon the petitioner by which the petitioner was reduced to the lowest pay scale for a period of three years. Aggrieved with the aforesaid order, the petitioner filed an appeal before the appellate authority on 18.11.2009 and the said appeal was dismissed on 26.3.2010. Thereafter, the petitioner preferred a revision before the revisional authority and the revision was dismissed on 1.7.2010;