The Allahabad High Court has quashed the dismissal order of the sub-inspector, Gulab Singh, accused of taking bribes and ordered his reinstatement.
A Single Bench of Justice Salil Kumar Rai passed this order while hearing a petition filed by Gulab Singh.
The petition has been filed challenging the order dated 27.1.2023 passed by the Additional Commissioner of Police (Headquarters), District Gautam Budh Nagar dismissing the petitioner from service ostensibly exercising powers under Section 8(2)(b) of the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991.
The Court noted that,
The Section 8(2)(b) of the Rules is as follows:
“8. Dismissal and removal: (1) No Police Officer shall be dismissed or removed from service by an authority subordinate to the appointing authority.
2. No Police Officer shall be dismissed, removed or reduced in rank except after proper inquiry and disciplinary proceedings as contemplated by these rules:
Provided that this rule shall not apply——-
(a) Where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or
(b) Where the authority empowered to dismiss or remove a person or to be reduce him in ranks is satisfied that for some reasons to he recorded by that authority in writing, it is not reasonably practicable to hold such enquiry, or
(c) Where the Government is satisfied that in the interest of the security of the State it is not expedient to hold such enquiry.
3. All orders of dismissal and removal of Head Constables or Constables shall be passed by the Superintendent of Police. Cases in which the Superintendent of Police recommends dismissal or removal of a SubInspector or an Inspector shall be forwarded to the Deputy Inspector General concerned for orders.
4. (a) The punishment for intentionally or negligently allowing persons in police custody or judicial custody to escane shall be dismissed unless the punishing authority for reasons to be recorded in writing awards a lesser punishment.
(b) Every officer convicted by the Court for an offence involving moral turpitude shall be dismissed unless the punishing authority for reasons to be recorded in writing considers it otherwise.”
“It is apparent that under Section 8(2)(b) of the Rules, an inquiry can be dispensed with only on the ground that it is not reasonably practicable to hold an inquiry and it cannot be dispensed with only on the ground that there is sufficient evidence, which according to the Disciplinary Authority concludes the guilt of the delinquent.
A perusal of the order also shows that no reasons have been given in the same for dispensing with the inquiry and for not giving any opportunity of hearing to the petitioner. The order has been passed without giving any opportunity of hearing to the petitioner.
In view of the aforesaid, it would serve no useful purpose to keep the petition pending or calling for a counter affidavit”, the Court observed while allowing the petition.
“The order dated 27.1.2023 passed by the Additional Commissioner of Police (Headquarters), District Gautam Budh Nagar is contrary to law and is, hereby, quashed. The petitioner shall be entitled to all consequential benefits including reinstatement in service. However, the Additional Commissioner of Police (Headquarters), District Gautam Budh Nagar shall be at liberty to pass a fresh order in accordance with law”, the Court ordered.