Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:131662 Court No. - 4 Case :- WRIT - A No. - 11031 of 2025 Petitioner :- Vinod Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Seemant Singh Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard learned counsel for the parties and perused the records. By means of this petition filed under Article 226 of the Constitution, petitioner has assailed the order of punishment passed by the disciplinary authority as well as appellate authority whereby punishment in the nature of entry of censure has come to be affirmed. It is contended by learned counsel for the petitioner that entry of censure has been awarded only on the basis of criminal case in which petitioner has stood finally acquitted. Learned Standing Counsel on the contrary submits that this legal plea is available to the petitioner to be raised before the authority sitting in revision as well and, therefore, petitioner should first exhaust the remedy of revision available to the petitioner under U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991.
Learned counsel for the petitioner could not dispute the above legal position, however, he submits that time prescribed for filing revision petition has already lapsed. In view of the above, I consider it appropriate at this stage to remit the matter to the authority sitting in revision for consideration of revision petition, if raised by the petitioner within four weeks from today and in the event petitioner prefers revision petition the authority sitting in revision will look into the aspect of the matter that petitioner has been acquitted in criminal case on the basis of which censure entry has been awarded. Appropriate decision shall be taken by the authority sitting in revision on merits within a period of two months positively from
the date of filing of the revision petition by the petitioner.
Order Date :- 5.8.2025 Atmesh Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad