DILIP GUPTA, J. - (1.) THIS petition has been filed for quashing the order dated 26th August, 2007 passed by the Superintendent of Police, Azamgarh 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 24th May, 2008 dismissing the appeal filed by the petitioner against the aforesaid order.
(2.) THE petitioner was appointed as a Constable in Civil Police. He joined the Police Lines Azamgarh on 17th August, 2007. An order was passed by the Superintendent of Police, Azamgarh removing the petitioner from service in purported exercise of the powers under the proviso to Rule 8(2) of the 1991 Rules for giving a wrong declaration in the attestation form submitted by him at the time of entry in service that no criminal case was pending against him even though Case Crime No. 82 of 1993 under Sections 324, 325,452 and 504 of Indian Penal Code was registered against the petitioner. 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 26th August, 2007 indicate any good reason for invoking the said power. He further submitted that the appellate authority had failed to advert itself to this aspect of the matter.
(3.) LEARNED Standing Counsel, however, submitted that in the facts and circumstances of the case as enumerated in the Order, the authority was justified in invoking the power under the proviso to Rule 8(2) of the 1991 Rules.;