Court No. - 16
Case :- WRIT - A No. - 8303 of 2018 Petitioner :- Vikrant Singh Constable Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prabhakar Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the parties and perused the record. Following orders were passed in the matter on 16.3.2018:
"It is stated that exercise of power under Rule 8(2)(b) of the Rules of 1991, in the facts and circumstances is absolutely arbitrary and is in the teeth of the law laid down by the Apex Court in the case of Union Of India And Another vs Tulsiram Patel And Others SC, 1985.
Learned Standing Counsel may obtain instructions in the matter by the next date fixed.
Put up, as fresh, on 28.03.2018."
Learned Standing Counsel, on the basis of instructions, states that the petitioner has acted in a manner inconsistent with what is expected from a police personnel and, therefore, the action was required as the issue had been reported in various news- papers.
The ground urged by the respondents to dispense enquiry under Rule 8 (2)(b) of the Rules of 1991 is in the teeth of law laid down by the Apex Court in the case of Union Of India And Another vs Tulsiram Patel And Others, 1985 (3) SCC 398. There is no valid reason disclosed for not holding a departmental enquiry in the matter.
In such circumstances, the order removing the petitioner from service dated 5th March, 2018 cannot be sustained and is hereby quashed.
In view of the above, the writ petition stands allowed.
Liberty stands reserved to the respondents to proceed in the matter in accordance with law.
Order Date :- 28.3.2018 LN Tripathi