- (1.) DILIP Gupta, J. This petition has been filed for quashing the order dated 31st March, 2006 passed by the Senior Superintendent of Police, Fatehpur dismissing the petitioner from service without holding any inquiry by invoking the power under the proviso to Rule 8 (2) of U. P. Police Officers of the Subordinate Rank (Punishment and Appeal) Rules, 1991 (hereinafter referred to as the '1991 Rules') and the order dated 30th November, 2006 dismissing the appeal filed by the petitioner against the aforesaid order.
(2.) THE petitioner was working as a Constable in U. P. Police. A First Information Report was registered against the petitioner and six other persons under Sections 147,148,149, 307, 386,120, IPC. Though initially an officer had been appointed to conduct the preliminary enquiry but subsequently an order was passed on 31st March, 2006 under the proviso to Rule 8 (2) of the 1991 Rules dismissing the petitioner from service. THE petitioner filed an appeal which was also dismissed. Sri Girjesh Kumar Tripathi, learned counsel for the petitioner has submitted that there did not exist any reason for invoking the powers under the second proviso to Rule 8 (2) of the 1991 Rules and nor does the order dated 31st March, 2006 or the counter affidavit filed to the writ petition indicate any good reason for invoking the said power. He further submitted that the appellate authority had failed to advert themselves to this aspect of the matter. Learned Standing Counsel, however, submitted that in the facts and circumstances of the case as enumerated in the Order and the counter affidavit, the authority was justified in invoking the power under the proviso to Rule 8 (2) of the 1991 Rules.
(3.) I have carefully considered the submissions advanced by the learned counsel for the parties. In order to appreciate the contentions advanced by the learned counsel for the parties, it may be necessary to refer to Rule 8 of the 1991 Rules, the same are as follows: "8. Dismissal and removal.- (1) No Police Officer shall be dismissed or removed from service by an authority subordinate to the appointing authority. (2) No Police Officer shall be dismissed, removed or reduced in rank except after proper inquiry and disciplinary proceedings as contemplated by these rules: Provided that this rule shall not apply- (a) Where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or (b) Where the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason to be recorded by that authority in writing, it is not reasonably practicable to hold such enquiry; or (c) Where the Government is satisfied that in the interest of the security of the State it is not expedient to hold such enquiry. ";