Rajnish Kumar, J. - (1.) Heard learned counsel for the petitioner and learned Standing Counsel for the opposite parties.
(2.) The petitioner has filed the instant writ petition assailing the validity and correctness of the order dated 29.05.2008 passed by the Superintendent of Police, Bahraich dismissing the petitioner from service invoking the provisions of Rule 8(2)(b) of the U.P. Subordinate Police Officers Punishment & Appeal Rules, 1991 (hereinafter referred to as the Rules, 1991).
(3.) Facts, in brief, are that the petitioner was appointed as Police Constable on 01.01.1987. While he was posted as Constable (558) under the Senior Prosecuting Officer, Bahraich and was Lock-up Moharrir, in a routine manner, on 27.05.2008 about 33 accused persons alongwith one Mulim were sent to the C.J.M. Court, Bahraich for personal appearance and after their appearance they returned back. On the very same day, i.e. on 27.05.2008 after the accused Mulim returned, Constable Shailendra Singh informed that the accused Mulim was again required for appearance before the C.J.M. Court. Accordingly, the accused Mulim was again sent alongwith the constable Shailendra Singh in his custody and the entry was made in general diary. Thereafter the constable Shailendra Singh returned back alone and informed that the accused Mulim had thrown chilli powder in his eyes and ran away from his custody. The said information was also recorded in the general diary. Constable Shailendra Singh had also lodged a First Information Report on 27.05.2008 at about 03:20 p.m. in Police Station- Kotwali Nagar, Bahraich.;