G.B. Singh, J. - (1.) This petition has been filed to declare the provisions of Para 493(c) of the Police Regulations unreasonable as it given arbitrary powers to the administrative authorities and to quash the order dated 19-7-1988 (Annexure-1) whereby the petitioner has be'. removed from service.
(2.) The petitioner was initially recruited as Constable in the year 1962. He was promoted to the post of Head Constable in the year 1982. After his promotion he was working as Head Constable at P.S. Tandiawan, District Hardoi. He was prosecuted for an offence under Section 161, I.P.C. for accepting illegal gratification of Rs. 300/- from one Paras Ram on 5-2-1982 at about 6.05 p.m. at P.S. Tandiawan. There was a charge under Section 5(2) of the Prevention of Corruption Act also against him The case was investigated and charge-sheet was submitted against him on 6-4-1982. Thereafter he was tried for the aforesaid offence in the court of Special Judge, Hardoi. The learned Special Judge making the following observation in the concluding paragraph of the judgment dated 24-5-1985 acquitted the petitioner : "In view of the above discussion of evidence on record, I am of the opinion that the prosecution has failed to make out a case against the accused Dhani Ram and he at least deserves to be given the benefit of doubt." After his acquittal departmental proceedings under Section 7 of the Police Act and Para 490 of the Police Regulations were started against him by virtue of an order dated 15-4-86 passed by the Superintendent of Police, Hardoi. The Circle Officer who made the enquiry, recommended petitioners removal from service in his report dated 7-5-1988. On receipt of the enquiry report the Superintendent of Police, Hardoi, served notice of how cause upon the petitioner and on receipt of his reply passed the impugned order of removal from service on 19-7-1988 (Annexure-1). The petitioner feeling aggrieved with that order has filed the present writ petition. The main allegations against the impugned order are that Para 493 gives unreasonable power for interference with the judicial findings and its makes judicial decision in respect of an act subject to administrative decision. It has been further alleged that after acquittal by criminal court no action could be taken against him on the basis of the same charge and the order of removal from service is illegal and liable to be quashed.
(3.) Learned counsel for the petitioner did not challenge validity oi Para 493(c) of Police Regulations. He argued that departmental proceedings could not be initiated against him on the basis of the same charge which could not be proved before the criminal court and the petitioner was honourably acquitted. It was further argued by him in this connection n that by virtue of are 493(c) of the Police Regulations departmental proceedings could not be initiated against him. We find much force in this argument.;