Court No. - 33
Case :- WRIT - A No. - 12812 of 2017 Petitioner :- Constable 215 Civil Police Shiv Kumar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar,Satyendra Narayan Singh,Tarun Kumar Sharma Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
An adverse entry has been awarded to petitioner vide order dated 25.08.2015 against which an appeal filed has been dismissed on the ground of limitation and such order has been affirmed in revision. Thus aggrieved, the petitioner is before this Court.
It appears that petitioner was posted as a Constable along with Station House Officer on 13.01.2015 and on the basis of information received, a vehicle was intercepted from which 25 boxes of illegal liquor manufactured in the State of Haryana were apprehended. An FIR was lodged under Section 379 IPC. It was later found that name of the informer (Mukhbir) was disclosed by the petitioner to nephew of accused-Bhura on his mobile number. The adverse entry awarded clearly records the phone number of petitioner and also the nephew of prime accused-Bhura. A show cause notice was issued in the matter and after considering petitioner's reply, the Senior Superintendent of Police, Bulandshahr has passed the order awarding adverse entry to the petitioner for having divulged the entity of informer (Mukhbir).
There is no denial in the writ petition that petitioner had spoken to the nephew of main accused-Bhura namely Shiva. His defence that such telephonic call was made in connection with some monetary transaction appears to have been disbelieved.
Having considered the materials placed on record, this Court finds that divulging identity of Mukhbir was a serious matter and order itself has been passed after complying with the procedureal requirements.
No interference with such order is thus warranted in exercise of jurisdiction under Article 226 of the Constitution of India.
The writ petition is, accordingly, dismissed.
Order Date :- 21.9.2021 Ashish Pd.