Sunil Ambwani, J. - (1.) HEARD Shri Manish, learned counsel for the petitioners. Learned Standing Counsel appears for the respondents.
(2.) ALL the four petitioners, namely Subba Rajbhar, Constable Civil Police 1936; Pradeep Kumar, Constable Civil Police 273; Devendra Rai, Constable Civil Police 341, and Ajai Nigam Constable Civil Police 17 A.P. in Civil Misc. Writ Petition No. 16632 of 2008, were serving as Constable in Civil Police and were posted at Police Station Chaubepur, District Varanasi. They have challenged the order dated 24.3.2008 passed by Senior Superintendent of Police, Varanasi, suspending them under Rule 17 (1)(a) of the U.P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rules, 1991 (in short the Rules of 1991). In Writ Petition No. 20893 of 2008 they have challenged the orders dated 15.4.2008 by which they were transferred by the Deputy Inspector General of Police (Establishment) Police Headquarters, U.P. communicated by the Senior Superintendent of Police, Varanasi on 16.4.2008 to Muzaffarnagar; Fatehgarh, Pilibhitand Etah respectively. In Writ Petition No. 31875 of 2008 they have prayed for setting aside the orders dated 10.6.2008 passed by the Senior Superintendent of Police, Varanasi-appointing authority dismissing them from service under Rule 8 (2)(b) of the Rules of 1991 on the ground, that it is not reasonably practicable to hold a departmental enquiry against them. Brief facts giving rise to these writ petitions are that when the petitioners were posted at Police Station Chaubepur, a report was submitted on 17.3.2008 by Shri R.D. Chaurasia, Deputy Superintendent of Police/the then Circle Officer Cholapur, Varanasi to Senior Superintendent of Police, Varanasi, that the petitioners had illegally stopped eight trucks laden with cows and buffaloes transported by the cattle traders from cattle market Jubairganj, District Faizabad to Dildarnagar cattle market Ghazipur for sale. The petitioners stopped the trucks and were demanding the money for movement of the trucks. The Circle Officer, took the statements given by the truck drivers along with his statement in which all the truck drivers, stated that the petitioners were demanding police expenses (police kharcha) for allowing the movement of the trucks. On the next day on 18.3.2008 Shri R.D. Chaurasia, Deputy Superintendent of Police reported that all the four constables, attached on the same day on 17.3.2008 by the Senior Superintendent of Police to Police Lines Varanasi, did not obey the attachment orders. Instead they collected the public persons of the area; resorted to sloganeering in the campus of the police station, and threatened to block the roads and thus committed the gross indiscipline for which he recommended that the petitioners be suspended. Shri R.D. Chaurasia, Deputy Superintendent of Police/the then Circle Officer Cholapur reported that on 17.3.2008 he received information from the Police Station Incharge, Chaubepur on his cell phone that some employees of the Police Station Chaubepur have stopped 7-8 trucks laden with cattle for extracting illegal gratification. He reached the spot at 9.00 a.m. in the morning and found that 7-8 trucks were parked in a line. On checking all the trucks he found that they were laden with cows and buffaloes and on enquiries he found that the cattle was purchased from the cattle market Jubairganj, District Faizabad and were being transported for sale to the cattle market Dildarnagar, District Ghazipur. These trucks were stopped by the four delinquent constables. The truck drivers informed the Circle Officer that all the four constables were forcing the drivers to part with money. He took statements of all the drivers and got a report of the matter from the Incharge Police Station Chaubepur. On the same day the Senior Superintendent of Police, Varanasi, after receiving the report of the Circle Officer transferred the petitioners to police line. All the four constables were relieved on the same day at 12.30 p.m. to report at police line. They got 15-20 persons collected from the area and brought them to the campus of the Police Station and resorted to sloganeering against their transfer. They have also threatened that if the transfers are not cancelled, they will stop the traffic on the road.
(3.) ON a report made by the Senior Superintendent of Police to the Deputy Inspector General of Police (Establishment) Police Headquarters, Allahabad, exercising delegated powers of the Inspector General of Police, decided to transfer the petitioners to Muzaffarnagar; Fatehgarh; Pilibhit and Etah respectively. The transfer order dated 15.4.2008 was communicated to the petitioners on 16.4.2008. A First Information Report of the incident was lodged on the same day on 17.3.2008. The Senior Superintendent of Police, Varanasi, by his letter dated 7.4.2008, directed the Superintendent of Police (Rural) Varanasi to conduct a preliminary enquiry in the matter and to submit a report. The Superintendent of Police (Rural) Varanasi conducted a detailed enquiry in which he took statements of Shri R.D. Chaurasia, Deputy Superintendent of Police, Varanasi/the then Circle Officer Cholapur; the statements of all the drivers namely Ballu Yadav, driver of truck No. UP 61-B-9439; Ram Pravesh Rajbhar, driver of truck No. UP 61-E-1848; Ram Badan Yadav, driver of truck No. 65 AR-3358; Ram Pyare Yadav driver of truck No. UP 65 AR-2438; Santosh Kumar, driver of truck No. UP 65 R-7238; Guddu Yadav driver of truck No. UP 61 H-4288; Munna Giri driver of truck No. UP 65 AR-2338, and Chaman Yadav driver of truck No. UP 65 H-5536. He also took statements of petitioners recorded in the office of Circle Officer, Sadaron 28.3.2008, and the statements of Sub Inspector Civil Police Rajendra Prasad Singh, P.S. Chaubepur, Varanasi; Sub Inspector Civil Police Suryavansh Pandey, Police Station Chaubepur, Varanasi; Constable Nagendra Singh, Police Station Chaubepur, Varanasi; Constable AftabAlam, Police Station Chaubepur, Varanasi; Constable Shambhunath, Police Station Chaubepur, Varanasi; Constable Arvind Bharadwaj, Police Station Chaubepur, Varanasi; Constable Virendra Pratap Singh, Police Station Chaubepur, Varanasi; Constable Ram Hind, Police Station Chaubepur; Smt. Lilawati, Gram Pradhan Chhitagpur; Smt. Malti Devi, Gram Pradhan Jairam; Shri Hansraj Rajbhar, Gram Pradhan Saraiya No. 2; Shri Ram Sanehi, Gram Pradhan, Magarhua (Khonpur) and also collected documentary evidence namely Rojnamchaam; Report No. 40; and the entries in general diary. From these statements the Superintendent of Police (Rural) found that the petitioners had stopped these trucks for illegal gains. The then Deputy Superintendent of Police reached on the spot and released the trucks to proceed. It was reported by all the truck drivers that the petitioners wanted to extract money from them. The Sub Inspector V.B. Singh stated that some cows were carrying and that two of them delivered calves in front of the Circle Officer. Smt. Lilawati, Gram Pradhan stated that the trucks were stopped but she did not know as to what was loaded on the trucks. Shri Hansraj Rajbhar, Gram Pradhan stated that the trucks were laden with cows, calves and bulls.;