- (1.) Petitioner was selected for appointment to the post of Sub-Inspector in U.P. Police and he underwent training between December 2005 to December 2006. He was ultimately appointed as such on 11th September, 2007. After his selection and before his appointment, petitioner's marriage got solemnized with one Smt. Arti on 24th January, 2007. The matrimonial life faced troubles from the very beginning of the marriage itself, which led to petitioner initiating proceedings under Section 13 of the Hindu Marriage Act for dissolution of marriage on 14th October, 2008. Proceedings remained pending before the appropriate court and notices etc. were issued. It is thereafter that a complaint was made by the wife of the petitioner on 18th February, 2009, as per which, the petitioner was having an illicit relation with another lady sub-inspector. The complaint was entertained and a preliminary enquiry was ordered. Such report of preliminary enquiry was submitted by Deputy Superintendent of Police, which is on record of the writ petition.
(2.) It appears that in the preliminary enquiry certain allegations with regard to demand of dowry etc. also surfaced. The authority conducting the preliminary enquiry found substance in the allegation of demand of dowry to the extent of Rs. 10 Lacs alongwith expensive car, as also frequent conversations between petitioner on his mobile number with the other lady sub-inspector with whom he was allegedly having an affair. Based upon this preliminary enquiry report a charge-sheet was served upon the petitioner on 7th October, 2009. The charge-sheet is Annexure 3 to the writ petition. The charges levelled against the petitioner reads as under:- ...VARNACULAR TEXT OMITTED...
(3.) The charge-sheet also specified the witnesses, whose statements were likely to be relied upon for proving the charges levelled against the petitioner. The documentary evidence which was to be relied upon, included mobile call details, evidencing frequent talks between petitioner and the other lady sub-inspector as well as a letter of the then Superintendent of Police, dated 23rd June, 2009. Charges levelled in the charge-sheet were denied by the petitioner. The proceedings of enquiry were also challenged before this Court by filing Writ Petition No. 58819 of 2009 by contending that the allegations levelled in the charge-sheet do not make out a case of misconduct. The challenge to the charge-sheet was entertained and proceedings pursuant to charge-sheet were stayed. The writ petition, however, was dismissed ultimately on 24th May, 2011. The enquiry, accordingly, progressed in the matter. It would be worth noticing that in the interregnum period a first information report was also lodged against the petitioner on 17th October, 2009 with regard to demand of dowry by the petitioner. The report was registered under Section 498A/323 IPC read with Section 3/4 of Dowry Prohibition Act. It is admitted that the proceedings of criminal case are pending after a charge-sheet has been filed against the petitioner. Records further reveal that notwithstanding the disposal of the writ petition by this Court, the disciplinary proceedings were not immediately continued on account of opinion expressed by a Superintendent of Police, dated 19th March, 2012, which noticed that once on same set of charges criminal proceedings are pending, it would not be prudent for the department to proceed departmentally against the petitioner.;