Court No. - 2
Case :- WRIT - A No. - 6717 of 2019 Petitioner :- Brij Bihari Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shishir Kumar,Rakesh Pratap Singh Counsel for Respondent :- C.S.C.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the parties.
Petitioner is working as Sub-Inspector at Mirzapur. By the instant writ petition, petitioner is assailing the order dated 31 January 2019 passed by the second respondent-Additional Director General of Police, Varanasi Zone, Varanasi, affirming the censure penalty imposed upon the petitioner by the Disciplinary Authority/Superintendent of Police and affirmed in appeal by the Deputy Inspector General of Police. The proceedings came to be initiated under the Rule 4 (1) of The Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 (for short the "Rules, 1991").
It is alleged that petitioner while working in 2017, posted at Police Station Madihan, District Mirzapur, proceeded on leave for seven days, however, petitioner overstayed the leave for 32 days without information to the authorities. The authorities have considered the conduct of the petitioner as unbecoming of a responsible police officer due to the ongoing Vidhan Sabha Election 2017. Petitioner raised a plea that he was getting his wife treated at New Delhi and on the advise of the Doctor he could not join his duty.
On specific query, learned counsel for the petitioner submits that the procedure prescribed under the Rules, 1991, for imposition of minor penalty, was duly followed, petitioner was served show cause notice to which he replied and the reply has been considered by the authorities. Overstaying of leave without permission is a misconduct and an act of indiscipline in the disciplined force. The Authorities have taken a lenient view by imposing minor penalty of censure. This Court declines to interfere in exercise of its discretionary jurisdiction under Article 226 of the Constitution of India.
The writ petition is accordingly dismissed.
Order Date :- 30.4.2019/Atul