- (1.) Heard Sri Prateek Chandra, Advocate holding brief of Sri Siddhartha Khare, learned counsel for appellant, learned Standing Counsel for State and perused the material available on record.
(2.) This writ petition under Article 226 of Constitution of India has been filed challenging order dated 25.12.1997 (Annexure-5) passed by Senior Superintendent of Police, Banda, dismissing petitioner from service in exercise of power under the proviso to Rule 8(2)(b) of Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 (hereinafter referred to as "Rules, 1991").
(3.) It is contended on behalf of petitioner that said Rule cannot be applied in this case. It is not a case where departmental enquiry was found not reasonably practicable and therefore, impugned order passed without holding enquiry is illegal and void ab initio. The reasons given by Disciplinary Authority for observing that enquiry is not reasonably practicable read as under :- ....[VARNACULAR TEXT OMITTED].... "Shri Siya Ram, Constable 37 Civil Police was on 16.12.1997 deputed to produce the prisoners from jail to the court. On a prisoner Jaseem being suspected to have a liquor in his possession, the Head Constable of this posse was directed to do his frisking. Thereupon liquor was recovered from the prisoner Jalees and after that the Head Constable handed it to this Constable for depositing it. Siyaram Constable 37 Civil Police again handed this liquor back to the prisoner, consuming which the prisoner Jalees came into the District Jail premises and created a ruckus. On account of being in collusion with the prisoner Jalees. this constable was placed under suspension on 17.12.1997. The factum of this Constable being in collusion with the criminals and on good terms with them is confirmed. Enjoying political patronage he threatens to exert political pressure. Besides, the local police is troubled with his activities and the general public has complained to be scared of his activities. If this personnel remains here, he may be instrumental for anything untoward to happen. In this way, the constable is found to be in collusion with the criminals. Since, the police is a disciplined force, with discipline being like a spinal chord, his indiscipline is having an adverse impact on other personnels. The aforesaid activities of Shri Siyaram, Constable 37 Civil Police have not only tarnished the image of the police department but also eroded the faith of the ordinary citizens in the constitution and law of the country. If he, despite these activities, is retained in service any longer, there is immense possibility of indiscipline spreading across other employees of the police department which may have grave consequences for the department and the society. In case of his continuance in the police service, he may even hereinafter indulge in this sort of illegal activities and taking undue advantage of being in the police service he may attempt to escape from the consequences of his offences/acts. On the basis of the reasons given above I am also satisfied that the further continuance of Shri Siyaram, Constable 37, Civil Police in the police department is not in the public interest. Hence, I, in exercise of the powers conferred under the aforesaid rules, dismiss him from service, sanctioning him one month's salary." (English Translation by Court);