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2025 DAILYLAW 198225 (ALL)

AKHILESH KUMAR ( PNO 982240063) v. STATE PUBLIC SERVICE TRIBUNAL INDIRA BHAWAN LKO. THRU. CHAIRMAN AND 3 OTHERS

WRIA/13505/2025 · 2025-11-21

Amitabh Kumar Rai, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13505 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel, who appears on behalf of State-respondents. 2. This petition has been filed with the following prayers :- "(i) Issue a writ, order or direction in the nature of certiorari for quashing the impugned order dated 31.10.2023 passed by the Senior Superintendent of Police, Muzaffarnagar; order dated 15.02.2024 passed by Deputy Inspector General of Police, Saharanpur, Range Saharanpur and order dated 21.08.2025 passed by Hon'ble Justice Sadhana Rani (Thakur), Hon'ble Chairman, State Public Service Tribunal, Lucknow. (contained as Annexure Nos.1, 2 & 3 to this writ petition). (ii) Issue such other order or direction, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case in favour of the petitioner. (iii) Allow the petition with cost." 3. We have gone through the judgment and order dated 21.08.2025 passed by the State Public Service Tribunal dismissing the claim petition of the petitioner which was filed against the punishment order dated 31.10.2023 and appellate order dated 15.02.2024. The petitioner was aggrieved by censure entry given to him. It is evident from the show cause notice which has been quoted verbatim in the judgment impugned and also facts of the case discussed by the learned Tribunal that sometime at around 9 p.m. on Versus Counsel for Petitioner(s) : Dhiraj Chaurasiya, Keshav Ram Chaurasia, Ram Bhawan Counsel for Respondent(s) : C.S.C. Akhilesh Kumar ( Pno 982240063) .....Petitioner(s) State Public Service Tribunal Indira Bhawan Lko. Thru. Chairman And 3 Others .....Respondent(s) 27.07.2023 it was raining heavily and the petitioner, who is an inspector, was on beat duty at Police Station Bhopa, Chowki Kshetra Joly. He received a call from one Mainpal Singh, erstwhile Gram Pradhan of Sikandarpur that he may be attacked by Golu @ Robin. The petitioner asked the Chowki In- charge of Shikri in whose territorial jurisdiction the village of Mainpal Singh, i.e., village Sikandarpur fell, to ensure that he meets Mainpal Singh and thereafter give information to the petitioner. The Chowki In-charge, Vijay Pal Singh, however, did not inform him anything thereafter as to what steps had been taken by him for securing the safety of Mainpal Singh. All of a sudden Main Pal Singh called him saying that his house has been attacked. The police had reached his house and there was no harm caused. On receiving this phone call the petitioner asked the Chowki In-Charge Vijay Pal Singh about the incident and he told him that he was in the house of Mainpal Singh and there was nothing to worry. The Chowki In-charge did not tell him about the seriousness of the situation. The petitioner got to know the entire facts only at around 5:30 in the morning and he went to village Sikandarpur to find out about the situation and then gave information to the higher officials. The Circle Officer and the Superintendent of Police had also reached the spot i.e. village of Mainpal Singh. The Chowki In-Charge, Vijay Pal Singh did not tell the petitioner about the seriousness of the situation. Only one Head Constable and Home Guard had been deputed without any arms of Mainpal Singh for his security. 4. It has been submitted by learned counsel for the petitioner that he had not been negligent in carrying out the duty and he has been unnecessarily given a censure entry whereas the Chowki In-charge Vijay Pal Singh was responsible for laxity in the performance of the duty. 5. We have also gone through the contents of the enquiry report which has been mentioned in the impugned judgment and order from which it is evident that at around 2 a.m. in the night of 27/28.07.2023 six criminals along with arms had jumped the boundary wall of the house of Mainpal Singh and started firing indiscriminately; some 35 rounds were fired by such criminals. Only one Constable, Vinod and Home Guard Mohit, who were unarmed, had been deputed by Vijay Pal Singh, Chowki In-charge and they had hidden themselves for their own safety. Regarding such incident, Mainpal Singh had called up the petitioner at 2:54 hours in the night itself WRIA No. 13505 of 2025 2 but till 8 O' Clock in the morning when the CO and the SHO as well as the Superintendent of Police reached the house of Mainpal Singh, the petitioner had not gone to the place of the incident. 6. Having gone through the preliminary enquiry report, contents of which has been mentioned in the order impugned and also the fact that the petitioner has been punished with only a censure entry which will have no effect on the petitioner's emoluments and pension, we find no good ground to show interference. The writ petition is dismissed. November 21, 2025 Shubhankar WRIA No. 13505 of 2025 3 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench