Court No. - 38
Case :- WRIT - A No. - 11143 of 2019 Petitioner :- Prabhu Saran Yadav Respondent :- State Of U P And Another Counsel for Petitioner :- Lokesh Kumar Dwivedi,Achal Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
An order of dismissal has been passed against the petitioner on 4.4.2017 by the Superintendent of Police, Bhadohi, invoking his authority under Rule 8(2) (a) of the ' U.P Police Officers of Subordinate Rank (Punishment and Appeal) Rules, 1991'. This order has been passed in view of the fact that the petitioner had been convicted by the Sessions Court in S.T. No. 184 of 2014 ( Prabhu Saran Yadav Vs. State), arising out of Case Crime No.
195 of 2014. Petitioner had preferred an appeal before this Court against the order of conviction, wherein he has been bailed out. Upon an application filed in the aforesaid appeal, this Court vide order dated 29.3.2019 has been pleased to stay the conviction and sentence of appellant during the pendency of the appeal. Pursuant to the aforesaid order, petitioner has approached the employer for his reinstatement in service. As a decision upon such application has not been taken, therefore, petitioner is before this Court.
Learned counsel for the petitioner submits that once the conviction and sentence has been stayed, there would be no justification on the part of the authority concerned to allow petitioner to remain out of job, particularly as detailed reasons have been disclosed by this Court while suspending the conviction and sentence.
Learned Standing Counsel submits that an appropriate decision in the matter would be taken by the respondent no. 2, in accordance with law.
Considering the facts and circumstances, noticed above, this writ petition stands disposed of, permitting the petitioner to make a fresh comprehensive representation, annexing all materials in support of his claim, before the respondent no. 2, within a period of two weeks from today. The authority concerned shall examine the petitioner's grievance and pass an appropriate reasoned order within a period of three months thereafter.
Order Date :- 26.7.2019 n.u.