The present writ petition has been filed against the order of punishment whereby 15 days salary has been deducted and integrity of the petitioner has been withheld.
So far as the integrity is concerned, learned counsel for the petitioner submits the Rules governing the U.P.Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 (in short the Rules). Rule 4 provides for major and minor penalty to be awarded. According to the learned counsel for the petitioner, withholding of integrity is not a punishment or penalty contemplated under the Rules and, therefore, such a punishment cannot be awarded.
Learned counsel for the petitioner has relied upon a decision of the Hon'ble Supreme Court in the case of Vijay Singh Vs. State of U.P. & others, (2012) 5 SCC 242 which specifically deals with Rule 4 of the aforesaid Rules and it has been held that withholding of integrity is not a punishment that can be awarded under 1991 Rules.
The matter requires consideration.
The respondents may file counter affidavit within one month. The petitioner shall have one week thereafter to file rejoinder affidavit.
List thereafter.
Order Date :- 7.2.2014/SKM