JUDGEMENT
Abdul Moin, J. -
(1.) Heard Sri Manish Kumar, learned counsel for the petitioner and Sri Saharsh, learned Government Counsel for all the respondents.
(2.) By means of the present petition, the petitioner has prayed for the following reliefs:-
"(i) Issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned orders dated 16.3.2013 passed by the Deputy Inspector General of Police, Vindhyachal Range, Mirzapur, U.P., the opposite party No.4 whereby the petitioner has been dismissed from service under Sub Rule 14(1) read with Rule 4(1)(K) of the U.P. Police Officers of the Sub Ordinate Ranks (Punishment and Appeal) Rules, 1991, the order dated 7.9.2013 passed by the Additional Director General of Police/Inspector General of Police, Varanasi Zone, U.P., Varanasi, the opposite party No.3 whereby the appeal of the appellant/petitioner has been rejected and the order dated 14.2.2014 passed by the Director General of Police "Training", Police Training Directorate, U.P. Indira Bhawan, 4th Floor, Ashok Marg, Lucknow, the opposite party No.2 whereby the revision petition of the revisionist/petitioner has been rejected illegally and arbitraqrily as contained in annexures No. 1, 2 and 3 respectively to this writ petition.
(ii) issue a writ, order or direction in the nature of Mandamus commanding and directing the opposite parties to pay the petitioner his salary on his post as he was earlier getting each and every month when it falls due and the arrears of his salary along with all consequential benefits.
(iii) issue such other suitable writ, order or direction deemed fit and necessary in the circumstances of the case as also in the interest of justice; and;
(iv) allow the writ petition with costs."
(3.) The case set forth by the petitioner is that while he was working on the post of Assistant Sub Inspector (M) at Bhadohi, a complaint dated 22.7.2009 was submitted to the Additional Director General of Police, Special Branch (Adhisoochana Vibhag), Lucknow against the petitioner by one Sri Shyam Lal and other constables alleging that the petitioner, while being posted as Clerk in the office of the Superintendent of Police, Sant Ravidas Nagar, used to have the employees suspended and thereafter took money from such suspended employees for reinstatement in the name of his superior officers. It was also alleged that he is owner of Truck No.U.P.75J 9762 and has contracted a second marriage with one constable Gunjan Seth who is posted in district Ballia. Copy of the complaint dated 22.7.2009 is Annexure-4 to the writ petition. On the basis of the said allegations, the petitioner was suspended vide order dated 31.10.2009. A preliminary inquiry was conducted against the petitioner by one Dr. B.N. Tiwari, Additional Superintendent of Police, Mirzapur and the said report was submitted on 16.1.2010 against the petitioner wherein the allegations levelled against the petitioner were found established and the Inquiry Officer recommended the punishment of dismissal from service. Copy of the preliminary inquiry report dated 16.1.2010 is Annexure-5 to the writ petition.;
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