Rajiv Sharma, J. - (1.) HEARD learned counsel for the petitioner and learned Standing Counsel for the State.
(2.) THE petitioner has filed the instant writ petition assailing the validity and correctness of the order dated 5.5.2008 passed by the Superintendent of Police, Lucknow dismissing the petitioner from service invoking the provisions of Rule 8 (2)(b) of the UP. Subordinate Police Officers (Punishment and Appeal) Rules, 1991 [hereinafter referred to as the Rules, 1991 for the sake of brevity.] Learned counsel for the petitioner has submitted that the petitioner was always appreciated by the higher authorities for his good character, utmost devotion and dedication in the department but the impugned orders of dismissal of petitioner's services are not based on the correct facts of the case vis-a- vis the same are violative of Article 311 (2) of the Constitution of India. He submits that the impugned order is not only contrary to the procedure as transcribed under Rules, 1991 but it also clearly contrary to the provisions of Article 311 as provided under the Constitution of India. He has further submitted that several writ petitions of identical nature have been allowed by this Court and the order of dismissal has been quashed. The case of the petitioner is on same footing. The legal proposition and the judgment of this Court in various writ petitions of identical nature has not been disputed by the Standing Counsel.
(3.) I have heard learned counsel for the parties and perused the record, which reveals that the nature of the misconducts committed by the petitioner are of a very grave in nature and bring a bad name to the police force of the State on the whole but it is not in dispute that in awarding the punishment of dismissal from service, no formal inquiry was held purportedly on the ground that the same enquiry could be dispensed with under proviso (b) appended to Clause (2) of Article 311 of the Constitution of India read with Rule 8(2)(b) of the U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) - Rules, 1991, which reads as under: "311. Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or State. - (1) No person who is a member of a civil service of the Union or an all-India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed. (2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges: (Provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed: Provided further that this clause 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 for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry; or (c) where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State it is not expedient to hold such inquiry. (3) If, in respect of any such person as aforesaid, a question arises whether it is reasonably practicable to hold such inquiry as it referred to in clause (2), the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank shall be final." Rule 8(2) of the UP. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 reads as under: "(8)(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.";