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2025 DAILYLAW 26711 (ALL)

HEAD CONSTABLE YOGES KUMAR SHISODIYA v. STATE OF U.P. AND 4 OTHERS

WRIA/3056/2025 · 2025-03-10

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:35579-DB Court No. - 29 Case :- WRIT - A No. - 3056 of 2025 Petitioner :- Head Constable Yoges Kumar Shisodiya Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mohammad Umar Khan Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. This petition arises out of an order passed by the State Public Service Tribunal rejecting the claim petition of the petitioner. The claim petition itself arose out of an order of censure entry awarded to the petitioner on the ground that he was found sleeping while on duty. The disciplinary authority has observed that the firearm in the custody of the petitioner was not safe and his conduct of sleeping while on duty is unbecoming of an employee of police force. The defense of the petitioner that he was not well and that he was advised rest, has not been taken into consideration by the disciplinary authority. The authority has found that there was no prior intimation or application moved by the petitioner for obtaining leave on account of sickness. The plea of illness has otherwise not been found reliable. It is for this reason, the claim of the petitioner has been rejected. We have considered the submissions advanced on behalf of the petitioner and find that the view taken by the authority is clearly a permissible view, particularly when the petitioner is an employee of a disciplined force. Awarding of censure entry, which is in the nature of minor punishment, in view of the facts and circumstances of the case placed on record, cannot be said to be excessive or arbitrary so as to call for any interference. The writ petition is, accordingly, dismissed. Order Date :- 11.3.2025 Noman Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad