R.H.ZAIDI, J. - (1.) HEARD the learned Counsel for the petitioner, learned Stand ­ing Counsel and also perused the record.
(2.) BY means of this petition under Article 226 of the Constitution of India the Petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the show -cause notice dated 4 -7 -1995. Prayer for a writ of man ­damus commanding the respondents not to proceed further with the departmental proceedings has also been made. It appears that a First Information Report (Case Crime No. 625/91 under Section 394, IPC) was lodged at police station Charbagh, Lucknow, in which the petitioner was suspected to be involved. Consequently the petitioner who was holding the post of police constable was placed under suspension vide order dated 17 -7 -91 in exercise of powers under Rule 7 (1) (a) U.P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rules, 1991. Thereafter in the aforesaid criminal case charge -sheet was submitted. In the said criminal case the petitioner was ul ­timately acquitted by the judgment and order dated 18 -1 -1995 by the Additional Chief Judicial Magistrate, Lucknow. On the basis of the order of acquittal, referred to above the Petitioner was reinstated on the aforesaid post on 20 -2 -1995. In the said order it was also directed that the Inquiry against the petitioner shall go on. It was on 4 -7 -95 that the impugned show -cause notice was issued to the petitioner calling upon him as to why the "censure" entry be not awarded to him. The petitioner feeling aggrieved by the said notice filed the present petition.
(3.) ON behalf of the respondents a counter -affidavit has been filed, in which the facts stated in the writ petition were controverted. It was asserted that the petitioner was given benefit of doubt in the aforesaid criminal case. The acquittal of the petitioner was not honorable and clear acquittal, therefore, it has been as ­serted that the disciplinary proceedings could go on against the petitioner and the adverse entry could be awarded to the petitioner in the said proceedings.;