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2025 DAILYLAW 168889 (ALL)

HANUMAN YADAV PNO NO. 112083944 v. STATE OF U.P. THRU. ADDL. CHIEF PRIN. SECY. (HOME) U.P. LKO. AND 4 OTHERS

WRIA/10949/2024 · 2025-01-20

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:3571 Court No. - 6 Case :- WRIT - A No. - 10949 of 2024 Petitioner :- Hanuman Yadav Pno No. 112083944 Respondent :- State Of U.P. Thru. Addl. Chief Prin. Secy. (Home) U.P. Lko. And 4 Others Counsel for Petitioner :- Anurag Shukla,Ishan Pandey Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Shri Anurag Shukla, learned counsel for petitioner, learned Standing Counsel for the State and perused the material available on record. 2. The petitioner in the present writ petition has challenged the charge sheet dated 01.05.2024 passed by the Additional Superintendent of Police (Rural), District Bahraich as well as entire disciplinary proceedings pending against the petitioner initiated in pursuance of the said charge sheet. 3. It has been submitted by learned counsel for petitioner that the petitioner was posted on the post of Constable in District Bahraich, when the petitioner had submitted a complaint on the basis of which an FIR was lodged on 16.11.2023 bearing Case Crime no. 714 of 2023 under Sections 406, 420, 467, 468, 471, 500, 504 and 506 IPC, Police Station Kotwali Dehat, District Bahraich. It was alleged that the petitioner was himself responsible for lodging of the said FIR without taking the approval of the superior officers and accordingly he was placed under suspension on 02.12.2023 under Rule 17 (1) (a) of the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment & Appeal) Rules, 1991. 4. It has further been submitted that a preliminary inquiry was also conducted by the Additional Superintendent of Police, Bahraich in terms of Paragraph 486 (III) of Police Regulations, on the basis of which, a regular inquiry was initiated against the petitioner and a charge sheet was also issued on 01.05.2024, which has been assailed before this Court. It has been submitted by learned counsel for petitioner that during the pendency of the writ petition, the petitioner has been reinstated in service. 5. Learned counsel for petitioner has vehemently submitted that the inquiry is being conducted contrary to all settled cannons of jurisprudence and in violation of principles of natural justice and is all likelihood order would be passed against the petitioner in the said inquiry and it does not expect any fairness in the said proceedings and said account has been assailed the entire proceedings. 6. On the other hand, learned Standing Counsel has submitted that the disciplinary proceedings against the petitioner is at fag end and the inquiry report has already been submitted and a show cause notice has also been issued but the same could not be served upon the petitioner as he has proceeded on leave and has not accepted the same. 7. Be that as it may, it is noticed that the petitioner has already filed reply to the charge sheet where supposedly he would have taken all the grounds in his defence against the allegations levelled in the charge sheet. At this stage, where only final decision has to be taken by the disciplinary authority, it would not be appropriate for this Court to examine the veracity of the allegations levelled against the petitioner in the charges sheet and record its satisfaction with regard to any of the dispute question of fact in the present case. 8. Once the petitioner has submitted his response to the show cause notice, the disciplinary authority under the rules would pass final order in the said matter. In the an order of punishment is passed against the petitioner, he would have sufficient remedies before the appellate authority as well as revisional authority and also before the U.P. Public Services Tribunal or even this Court in particular circumstances of the case. 9. Accordingly, this Court does not wish to interfere in the controversy at this stage looking to the fact that the disciplinary authority is likely to conclude the proceedings. In the aforesaid circumstances, disciplinary authority is directed to conclude the disciplinary proceedings with expedition. The petitioner also undertakes to cooperate in the proceedings and submits that the petitioner will duly receive the show cause notice and tender his reply within the time prescribed. 10. In light of the above, this Court disposes of this writ petition expecting the disciplinary authority to conclude the proceedings in accordance with law with expedition. . (Alok Mathur, J.) Order Date :- 20.1.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench