Rakesh Tiwari - (1.) -Heard counsel for the parties and perused the record.
(2.) THE petitioner is a constable in G.R.P., Allahabad. On 19th August, 1997. He was performing his duty at platform Nos. 9 and 10 alongwith other constables in the evening at about 5.15 a.m. on suspicion he followed a passenger Nand Kishore Gupta who had boarded from Ratnagri Express train and checked his bag after intercepting him when he was trying to go from the station on a rickshaw. After altercation on opening the bag he found that the passenger was carrying a catche of foreign make arms and ammunitions. In the meantime, some one informed the police of Police Station Civil Lines, Allahabad about foreign arms and ammunitions recovered by the petitioner. Upon receiving the information a large police force from P. S. Civil Lines came on the spot with Sub-Inspector Sri D. K. Asthana and snatched away the passenger and took him away alongwith the arms and ammunitions recovered by the petitioner after overposering the petitioner with sheer force. In this regard first information report was lodged by the Police of Police Station Civil Lines, Allahabad showing that the seizure was from the jurisdiction of Civil Lines, Police Station, Allahabad area which is on the border of Railway and the Civil Lines area in order to get the praise of high officials though the arrest was made by the petitioner. The incident was immediately informed by the petitioner to the S.H.O. of G.R.P., Allahabad. As the arrested person was forcibly taken away by the Police of Police Station Civil Lines, Allahabad, the S.H.O. of G.R.P., Allahabad became annoyed and he did not mention the description of arrest by the petitioner in the G. D. and threatened the petitioner with dire consequences as all the praise had been taken away by the police of P. S. Civil Lines. The petitioner thereafter was placed under suspension, which was challenged by means of Civil Misc. Writ Petition No. 30586 of 1997. The writ petition was finally disposed of by this Court on 15.9.1997 with a direction to the authority to complete the enquiry in the matter within a period of six months from the date of production of a certified copy of the order by the petitioner. It was further provided that if the enquiry is not completed within the aforesaid time, the suspension of the petitioner shall stand automatically revoked. The enquiry against the petitioner was not completed within six weeks as directed by the High Court hence, the suspension order was revoked. However, disciplinary proceedings continued against the petitioner by the Presiding Officer / Deputy Superintendent of Police (Railways), Kanpur under Rule 14 (1) of the U. P. Police Officer Subordinate Ranks (Punishment and Appeal) Rules, 1991 which were concluded by order dated 21.5.1998. The relevant extract of the enquiry report is as under : ...[VERNACULAR TEXT OMMITED]... Thereafter the petitioner was given notice dated 24.7.1998 to show cause why the suspension allowance given to him for the period of suspension should not be treated as salary/allowance for the said period, i.e., why salary for the suspension period may not be paid.
(3.) THE petitioner submitted his reply to the show cause notice on 11.8.1998. By order dated 27.8.1998 it was held by the Police Superintendent (Railways) that the petitioner shall not be entitled to any salary/allowance for his period of suspension except what has been paid to him as subsistence allowance. The relevant portion of the order dated 27.8.1998 is as under : ...[VERNACULAR TEXT OMMITED]...;