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Neutral Citation No. - 2025:AHC:27580 Court No. - 7 Case :- WRIT - A No. - 2524 of 2025 Petitioner :- Tribhuwan Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandra Narayan Mishra Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J.
1. The petitioner has preferred present writ petition inter-alia with the following prayers :-
"i. Issue a writ, order or direction in the nature of certiorari quashing the impugned punishment order dated 22.07.2023 passed by the Superintendent of Police, Kasganj/respondent no.3. ii. Issue a writ, order or direction in the nature of mandamus directing the respondents to grant the full pay scale from the date of suspension along with arrears of salary till now."
2. Against the order of punishment dated 22.07.2023 by which the petitioner was reverted to the minimum pay scale for three years, the petitioner has preferred the present writ petition. It is admitted by learned counsel for the petitioner that against the aforesaid order is statutory appeal as provided under Rule 20(1) of the U.P. Police Officer of Subordinate Rank (Punishment and Appeal) Rules, 1991 was preferred by the petitioner before the respondent no.2, namely, Deputy Inspector General of Police on 06.10.2023, which is still pending consideration.
3. It is argued by learned counsel for petitioner that the punishment of the petitioner has been awarded due to pendency of a criminal case against him. It is further argued that in the aforesaid criminal case petitioner has already been acquitted by the Special Judge (POCSO Act), Kasganj vide
judgment and order dated 10.10.2024. It is further argued that the order of punishment dated 22.07.2023 is liable to be quashed. It is further argued that vide order dated 09.09.2023 passed against the petitioner by respondent no.3 by which he was denied the full salary for the period of suspension.
4. Heard learned counsel for the parties and perused the record.
5. It is clear from the perusal of the record against the
judgment and order dated 22.07.2023 the petitioner has already submitted a statutory appeal before the respondent no.2, which is still pending consideration. During the pendency of the aforesaid appeal, an order dated 09.09.2023 was passed by the respondent no.3 denying the full salary to the petitioner for the period of suspension. Apart from the same, the petitioner has already been acquitted in the criminal case by the court below vide judgment and order dated
10.10.2024.
6. In this view of the matter, this Court is of the opinion that the petitioner should also make a supplementary appeal challenging the order dated 09.09.2023 passed by the respondent no.3 and also annexing the copy of the judgment of acquittal dated 10.10.2024 before the respondent no.2 if
such a supplementary appeal is filed by the petitioner before the respondent no.2, giving all his grievances as raised by him in the present petition, the respondent no.2 is directed to decide the main appeal filed by the petitioner as stated above along with the supplementary appeal within a period of four months from the date of production of certified copy of this
order along with a copy of the aforesaid representation but after providing opportunity of hearing to all the parties concerned, if there is no legal impediment. .
7. In view of the above, the present petition is disposed of.
Order Date :- 27.2.2025 A.N. Mishra Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad