Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:4625-DB Court No. - 39 Case :- SPECIAL APPEAL No. - 798 of 2024 Appellant :- Shashikant Maurya Respondent :- State Of U.P. And 5 Others Counsel for Appellant :- Abhishek Krishna,Ashish Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Siddhartha Varma,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
1. Heard Shri Ashish Kumar Srivastava, learned counsel for the appellant and learned Standing Counsel.
2. Vis-à-vis the appellant, an inquiry was initiated and the same was completed vide order dated 27.05.2024. The appellant filed a Writ Petition being Writ-A No. 11530 of 2024 (Shashikant Maurya Vs. State of U.P. and 5 Others) which was dismissed on the basis of the fact that the petitioner (appellant herein) has an alternative remedy available to him.
3. The only ground which has been taken in the instant Special Appeal is that the provision with regard to the place of inquiry as was provided under Rule 6 of the U.P. Police Officers of the Subordinate Rank (Punishment and Appeal) Rules 1991 was not adhered to and while the appellant was posted at Banda, the inquiry took place at Prayagraj.
4. Learned Standing Counsel has submitted that it was a settled principle of law that an objection with regard to jurisdiction or with regard to place of inquiry ought to have been taken at the very first instance.
5. Learned counsel for the appellant could not show any objection which might have been filed before the Inquiry Officer with regard to the place of inquiry. This having not been done, we are of the view that the objection with regard to the place of inquiry could not be raised now in the instant Special Appeal.
6. For the reasons stated above, we are of the view that no interference is warranted in the impugned order dated 27.05.2024. Accordingly, instant Special Appeal is dismissed. Order Date :- 9.1.2025 Karan (Dr. Y.K. Srivastava, J.) (Siddhartha Varma, J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad