SHABIHUL HASNAIN, J. - (1.) HEARD Sri Amit Bose, learned counsel for the petitioner and learned standing counsel for the opposite parties.
(2.) THE petitioner has been dismissed from service vide order dated 3.10.2005, passed by Superintendent of Police, Sultanpur under Rule 8 (2) (b) of the U. P. Police Officers and the Subordinate Ranks (Punishment and Appeal) Rules, 1991. It is necessary to find out under what circumstances the impugned order has been passed by the Superintendent of Police, Sultanpur, briefly stated facts are as below. The petitioner who was a constable was posted in the District Court, Sultanpur to look after the security of the lock-up of the district court. On 19.9.2005 one accused, namely Mujeeb alias Juggan was brought in the police custody in order to ensure his appearance in the Court of Additional Chief Judicial Magistrate. One constable Ram Dev Rawat had the custody of accused Mujeeb. The accused managed to break free and ran away from the police custody. The first information report was lodged in which besides Mujeeb and the constable Ram Dev Rawat name of the petitioner was also mentioned. It was alleged that while constable Ram Dev Rawat was bringing the accused to the Court, the petitioner left his post of duty and met Ram Dev Rawat alongwith the accused. He is alleged to have told Ram Dev Rawat that Mujeeb was known to him and the said accused has been taken under custody from police station Kurebhar where the petitioner himself has remained posted. He incited constable Ram Dev Rawat to have a cup of tea alongwith accused Mujeeb. It was further alleged that while the petitioner alongwith R. D. Rawat and Mujeeb proceeded towards the tea-stall Mujeeb had occasion to break away from the custody and abscond. It has also come to record that after having tea the trio went to have 'paan' outside the premises of the kutchehry, hence the petitioner plotted and abetted in the crime of making a criminal break the police custody and abscond himself.
(3.) THE Police Superintendent, Sultanpur has passed the dismissal order on these facts and circumstances of the case.;