Allahabad High Court quashes dismissal order of sub-inspector accused of taking bribes

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.



from India Legal https://ift.tt/UcxWE0i

Popular posts from this blog

What Is Solana: A Description, Use Cases, Prospects

Most traders focus on well-known cryptos only, like BTC or Ether. However, today, there are many other blockchain networks that are worth considering. And some of them, for example, Solana, even have ambitions to force current leaders out. Thus, we offer you to get acquainted with this coin without a delay. Solana (SOL) is one of the blockchain platforms created for performing transactions at a high speed and at a cheap price similar to other networks of this kind. Likewise, it can be utilized for trading, paying for diversified goods and services, performing smart contracts, creating NFTs, accessing decentralized financial opportunities, for example, loans, etc. Yet, when one asks the question “ What is Solana? ”, one usually wants to find out if it is worth buying, in the first place. Thus, we must note right away that this network outcompetes other popular platforms both in terms of speed and in terms of costs. To be more precise, it can process 13 deals per second, while Bitcoin
Read more

FX Options Trading: Best Online Brokers

Never used options on Forex? Looks like you missed lots of profitable deals. Be sure to learn more about this method and decide whether it suits you. Start by reading our short review for beginners. In the end, we will give you a list of companies that offer the best terms for such trades. Let us start with a short theory about this trading method. In practice, an option is a contract that allows a trader to buy or sell a certain currency at a chosen price and on a chosen date.  FX options trading  is based on forecasts. For example, if a potential buyer believes that the price of a certain currency will grow in the future, he can reserve the right to buy it at a lower price. For this opportunity, one must pay a commission (or a premium). Another crucial point is that executing such deals is optional. When the date agreed comes, one can decide whether it is worth buying or selling the currency chosen. Also Read: Interactive Brokers Fees: An Overview for Potential Users And what abo
Read more

Crypto Trading Bot: Should You Try It and Which One to Choose

Are you searching for an instrument that will help you trade crypto at minimum risk and time expense, but with maximum earnings? Then, try a trading robot. Find the basic information about this tool and the list of the most reliable and effective products offered by the market. So, such a robot is a program that executes trades involving crypto in an automated mode based on the market situation and parameters set by its user. It can make use of diversified algorithms, patterns, signals provided by other traders, etc. Here are the major benefits such software can offer:   Time economy. A day trader does not have to spend a whole day monitoring the market.   No human mistakes. Such a program operates in strict accordance with the parameters and algorithm set. By contrast with traders, it cannot make mistakes due to fatigue or external distractions.   Fast reaction. Compared to humans, it takes a bot less time to analyze the current situation on the market and to react to changes in
Read more