Court No. - 5
Case :- WRIT - A No. - 14715 of 2020 Petitioner :- Satendra Bajpai Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Atipriya Gautam,Vijay Gautam(Senior Adv.),Vinod Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the parties.
Learned counsel for both the parties agree that the controversy involved in the present case is squarely covered by the Division Bench decision of this Court dated 29.1.2014 passed in Writ - A No. 5623 of 2014, Sanjay Singh, Inspector Vs. State of U.P. And 3 Ors. The order dated 29.1.2014 is quoted as under:
"Heard learned counsel for the parties.
The order impugned withholding the integrity of the petitioner is being challenged on the ground that it is by way of punishment, inasmuch as a show cause notice was issued to the petitioner to which he had submitted reply and after considering his explanation the order impugned has been passed.
Counsel for the petitioner with reference to the judgment of the Apex Court in the case of Vijay Singh vs. State of U.P. and others; 2012(3) AWC 3011 submits that since the rules did not contemplate any such penalty, the order is unsustainable.
In view of the law laid down by the Apex Court in the case of Vijay Singh (supra) the order impugned withholding the integrity of the petitioner dated 01.03.2013 cannot be legally sustained and for the same reasons the appellate orders dated 07.07.2013 and the revisional order dated 15.10.2013 also fall. The orders are quashed.
We, however, provide that it shall be open to the authority concerned to pass appropriate order of punishment in accordance with the rules applicable. We further provide that in terms of the judgment of the Apex Court at the time of awarding of annual entry to the petitioner it shall be open to the authority to consider his overall performance and to record such entry as may be necessary.
With the aforesaid observation/direction the present writ petition is disposed of."
In view of the aforesaid, the present petition is also disposed of in the same terms and consequently the order dated 10.12.2018 passed by Superintendent of Police, Railways, Prayagraj, order dated 05.10.2019 passed by Deputy Inspector General of Police, Railways, Prayagraj and order dated 18.08.2020 passed by the Inspector General of Police, Railways, Prayagraj are hereby quashed and the respondents authorities are free to pass appropriate orders in the light of the observations made in the judgment quoted hereinabove.
No costs.
Order Date :- 7.1.2021 A.Kr.