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2025 DAILYLAW 53106 (ALL)

YOGESH KUMAR SINGH v. STATE OF U.P. AND 4 OTHERS

WRIA/5999/2025 · 2025-05-04

Ashwani Kumar Mishra, Prashant Bilgaiyan Registrar J Criminal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:70899-DB Court No. - 29 Case :- WRIT - A No. - 5999 of 2025 Petitioner :- Yogesh Kumar Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Jainendra Pandey,Pooja Prakash,Rajneesh Upadhyay,Vijay Prakash Tripathi Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. 1. This writ petition arises out of an order dated 11.03.2025, passed by U.P. Public Service Tribunal, Lucknow, whereby the claim petition filed by the petitioner has been rejected. 2. The petitioner at the relevant point of time was functioning as Station House Officer of the police station concerned. An incident occurred within the area of his police station where a religious structure was demolished. The incident was reported on wireless to the petitioner but he did not take any action. Consequently, the disciplinary authority has awarded censure entry to the petitioner. This entry has been affirmed in appeal and revision. The Tribunal has examined the records and has found no substance in the defence of the petitioner that voice was not audible on the wireless set as a result of which he could not intervene. The Tribunal has noticed the facts, as per which, the petitioner was present in the area and, therefore, inaction on his part has been held to be sufficiently grave warranting award of censure entry. 3. Though counsel for the petitioner submits that the petitioner was at a distance of 5 kilometer from the place of occurrence and he could not properly understand the message sent on wireless, but we are not persuaded to interfere in the matter in view of the consistent finding of the authorities and the Tribunal that such defence is not worthy of reliance. A finding has also been returned by the disciplinary authority that when the wireless was issued to the petitioner it was perfectly 'okay' and the presence of petitioner otherwise was within the area. Defence of the petitioner for such reasons has been disbelieved. 4. In view of the aforesaid and also the findings returned by the Tribunal wherein no illegality is shown, this writ petition fails and is dismissed. Order Date :- 5.5.2025 Ashok Kr. Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad