SUNIL AMBWANI, J. - (1.) HEARD Shri Vijay Gautam, learned counsel for the petitioner. Learned Standing Counsel appears for the respondents.
(2.) THE petitioner a constable in civil police was posted at Police Station, Government Railway Police, Aligarh. He was dismissed from service by the Superintendent of Police, Railways, Agra on 24.8.2008 under Rule 8 (2)(b) of the U.P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rules, 1991 (in short the Rules of 1991) after recording reasons that it was not reasonably practicable to hold a departmental enquiry against him. The petitioner has challenged the order on the ground, that the reasons, given for holding that it was not reasonably practicable to hold the departmental enquiry, do not satisfy the test of invoking such powers on the principles of law laid down by Constitution Bench of Supreme Court in Union of India v. Tulsiram Patel, AIR 1985 SC 1416. Brief facts giving rise to this writ petition are that on 23.8.2008 the petitioner was deputed as a member of security squad in North East Express from Railway Station Delhi to Railway Station Kanpur, with a government rifle and 30 cartridges. His duties required him to protect the persons and property of the passenger in the train; to curb the illegal activities of the criminals and anti social elements; to provide help to the persons in case of any incident or accident and specially to help the women and children providing them safety and security. It was reported that the petitioner, while on duty in the train instead of carrying out his responsibilities, indulged in beating passengers; robbed them; behaved indecently with the women and fire on them from government rifle. The passengers travelling in the train were angered by the conduct of the petitioner. They stopped the train at Railway Station Phaphund, District Auraiya. The entire rail traffic was stopped and was affected for about three hours. The District Magistrate, Auraiya and the Superintendent of Police, Auraiya had to reach the spot to control the demonstration by the passengers of the train. They could, with great difficulty, pacify the passengers and restored the rail traffic.
(3.) A report of the incident was lodged by complainant Shri Mukhtar son of Shri Niyamat resident of Village and Post Jaitakhanai Police Station Raniganj District Araria, Bihar and was registered as Case Crime No. 105 of 2008 Police Station GR.P. Etawah in which the loot of Rs. 37,750/- from 27 passengers was reported as robbery under Section 394, IPC and is under investigation.;