VIJAI KUMAR TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Mr. Amit Bose, learned counsel for the petitioner as well as learned Standing Counsel.

(2.) THE petitioner has challenged the order of dismissal dated 13.02.2012 passed by the Deputy Inspector General of Police/Senior Superintendent of Police, Lucknow. The petitioner has been punished with the order of dismissal on the ground of charge that he succeeded to get an appointment on the post of Constable by producing a forged high school mark -sheet/certificate.

(3.) LEARNED counsel for the petitioner submits that the Anti Corruption Organization conducted the inquiry on the basis of which the Deputy Superintendent of Police, Anti Corruption Organization, Kanpur arrived at conclusion that the allegations levelled against the petitioner for commission of offence punishable under Sections 465, 467, 468, 471 and 420 of Indian Penal Code are true, therefore, he granted permission to lodge the criminal case against the petitioner, on the basis of which first information report was lodged on 06.10.1993 at Police Station -Mahanager, District -Lucknow as Case Crime No. 445/93. The case was investigated by Anti Corruption Organization and charge -sheet was submitted before the competent court of law. The petitioner, after trial, was acquitted from the charges levelled against him. It is stated that despite the petitioner's acquittal, the respondents initiated a departmental inquiry against the petitioner under Rule 14(1) of the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 and in furtherance thereof charge -sheet was issued on 19.07.2011. The petitioner submitted reply of the charge -sheet. The Inquiry Officer submitted inquiry report on 04.01.2012 against the petitioner. The show cause notice was served upon the petitioner on 28.01.2012 and he had to submit the reply by 12.02.2012, but, even before the petitioner could submit the reply the impugned order of punishment has been passed against the petitioner. The petitioner filed an appeal against the order of punishment before the Inspector General of Police, Lucknow Zone, Lucknow which too has been rejected.