Court No. - 21
Case :- SPECIAL APPEAL DEFECTIVE No. - 544 of 2018 Appellant :- Krishna Kant Sharma(Constable-710,Civil Police) Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Kamlesh Kumar Tiwari,Babul Kumar Sharma Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
This appeal is barred by limitation from 102 days. Ignoring the same we have considered the merits of the case.
This appeal is preferred to question the correctness of the order dated 15.3.2018 passed by learned single Bench in Writ-A No. 39436 of 2015.
In the petition for writ aforesaid challenge was given to an order passed by the disciplinary authority imposing penalty of censure upon the appellant petitioner as per Rule 14 (2)(b)(iv) of Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991. Learned single Bench arrived at the conclusion that the order imposing the penalty does not suffer from any such error that may warrant interference under Article 226 of the Constitution of India.
In appeal the argument advanced by learned counsel appearing on behalf of the appellant petitioner is that the punishment has been awarded without holding any kind of inquiry and, as such, the violation of principle of natural justice is apparent.
We do not find any merit in the argument advanced. The appellant petitioner was subjected to minor punishment and for that purpose there is no need to hold any inquiry, the only need is to conduct an enquiry meaning thereby the respondents should have adhered the doctrine of audi alteram partem before imposing the penalty and in the instant matter admittedly an explanation was sought from the appellant petitioner and after considering that on merits penalty of censure was imposed.
Appeal is devoid of merit and same is dismissed, accordingly.
Order Date :- 24.8.2018 Shekhar [Chandra Dhari Singh, J.] [Govind Mathur, J.]