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Prem Narayan Tiwari vs State Of U P And Others

High Court Of Judicature at Allahabad|30 October, 2018
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JUDGMENT / ORDER

Court No. - 6
Case :- WRIT - A No. - 23282 of 2018 Petitioner :- Prem Narayan Tiwari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satya Prakash Pandey Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel for the State respondents.
This petition challenges an order of suspension dated 24 October 2018. The petitioner who is a member of the disciplined force is alleged to have been captured on video accepting bribe. The charge by its very nature is clearly serious and therefore, in the considered view of this Court, the order of suspension was clearly warranted. Although learned counsel for the petitioner has raised an issue of the Superintendent of Police not being authorized in terms of Rule 17 of the The Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 to pass the order of suspension, this submission rests on the pleadings taken in paragraph-20 of the writ petition alone. All that is stated in paragraph-20 is that there is no mention of the authorization in the order impugned. It is not the contention of the petitioner nor does he draw the attention of the Court to any other averment in which it may have been asserted that the Superintendent of Police was not otherwise authorized or by an order generally authorized to exercise powers conferred under Rule 17.
On an overall conspectus of the aforesaid facts, this Court finds no merit in the challenge laid to the order impugned.
The writ petition lacks merit and is consequently dismissed.
Order Date :- 30.10.2018 Arun K. Singh (Yashwant Varma, J.)
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Title

Prem Narayan Tiwari vs State Of U P And Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
30 October, 2018
Judges
  • Yashwant Varma
Advocates
  • Satya Prakash Pandey