Court No. - 28
Case :- WRIT - A No. - 20209 of 2018 Petitioner :- Dharmendra Kumar Respondent :- State Of U.P. And 3others Counsel for Petitioner :- Vijay Gautam,Arvind Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J.
Heard the learned counsel for the petitioner and the learned standing counsel who appears for the State respondents.
Learned counsel for the petitioner has pointed out the order dated 29.9.2018 by which learned standing counsel has been directed to seek instructions as to why an order of preliminary enquiry has been passed after placing the petitioner under suspension and as to why the petitioner has been attached to Pratapgarh.
Learned standing counsel has produced a copy of the instructions dated 29.8.2018 sent from the office of the Senior Superintendent of Police, Gautambudh Nagar.
From the instructions, it has come out that the petitioner was working as Constable (G.D.) in Gautambudh Nagar. He asked a small child of eight to ten yeas to remove garbage from the street by forcing him to sweep the street. This act of the petitioner was captured by some persons on their mobile phone and the video clipping along with misbehaviour of the petitioner with the public was made by viral.
The petitioner was initially suspended on 13.8.2018 looking into the prima-facie evidence as given in the video clip that was circulated in the social media. On his representations dated 24.8.2018, the Superintendent of Police, Gorakhpur revoked the suspension order on 8.9.2018, however the petitioner has been attached to district Pratapgarh.
On the basis of instructions as circulated in Government Order No. 2461/6-PO-1-2010-162/10 dated 12.8.2010 and in pursuance of the order of the Deputy Inspector General of Police (Karmik) dated 14.8.2018 also by order dated 23.9.2018, the petitioner has been issued a show cause notice along with the copy of the enquiry report dated 19.9.2018 submitted by the Circle Officer, Greater Noida-IInd Gautambudh Nagar in the alleged incident that went viral on the social media.
This Court therefore does not find any good ground to show any interference in the transfer order. The petitioner is directed to immediately joins at his transferred place of posting. If he joint within a period of two weeks, no disciplinary proceedings will be initiated against him for disobedience of the attachment order.
The writ petition is disposed of.
A copy of the instructions shall also be given to the learned counsel for the petitioner.
Order Date :- 27.10.2018 Arif