Court No. - 2
Case :- WRIT - A No. - 8258 of 2019 Petitioner :- Bhajan Lal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ram Bilas Yadav,Ashutosh Kumar Tiwari,Sri Ashok Khare, Sr Advocate Counsel for Respondent :- C.S.C.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the petitioner.
Petitioner, a Constable Driver in Civil Police is presently posted at Ghaziabad, a disciplinary proceeding under Rule 14 (1) of The Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991, came to be initiated pursuant to order dated 5 January 2018, passed by the Superintendent of Police, Traffic Kanpur Nagar stating that in spite of several opportunities, petitioner is not appearing to record his statement. The allegation against the petitioner is that he manipulated and forged his date of birth to obtain appointment.
Accordingly, petitioner has now been attached to District Kanpur Nagar for three months, in view of the pending enquiry vide order dated 8 October 2018.
Learned Senior Counsel appearing for the petitioner submits that the appointing authority of the petitioner is Superintendent of Police, Ghaziabad and not Superintendent of Police, Kanpur Nagar.
On specific query, it is not being disputed that the enquiry came to be initiated at Kanpur Nagar, where petitioner came to be appointed on his selection. Pursuant to his selection at District Jhansi, the forgery was detected at Kanpur Nagar, consequently, enquiry was initiated at Kanpur Nagar. It is not in dispute that petitioner upon selection was appointed at Kanpur Nagar and has since been attached at the place of enquiry for the reason he is not cooperating in the enquiry.
This Court declines to interfere in exercise its discretionary jurisdiction under Article 226 of the Constitution of India.
The writ petition is accordingly dismissed.
Order Date :- 30.5.2019/Atul