Allahabad High Court: A Single Judge Bench comprising of Ashwani Kumar Mishra, J., addressed a writ petition where petitioner was dismissed from service.
The facts of the case are that the petitioner was dismissed from service by an order passed under Rule 8(2)(b) of the U.P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rules, 1991. It is this order which was challenged before the High Court. Petitioner contended that the authorities have used their powers under the above rule without any justification.
This Court on perusing records found that before invoking power under Rule 8(2)(b), the competent authority failed to show as to why in the given facts of the present case, holding disciplinary inquiry was not possible. Court found that in absence of reasons or material documents showing such conclusion, the enquiry under the rule would be held impermissible in lights of Supreme Court decisions. Therefore, in the light of above, the writ petition was allowed. Order of punishment i.e. dismissal of petitioner from service was quashed. [Hoshiyar Singh v. State of U.P., 2018 SCC OnLine All 1178, Order date 28-08-2018]
