IMPORTANT POINT
Discipline is the backbone of the police force. Hence highest degree of discipline is imperative for the smooth functioning of a police force.

JUDGMENT

Dalveer Bhandari, J.—

1. Leave granted.

2. Brief facts which are necessary to dispose of this appeal are recapitulated as under:- The respondent, a constable in the 26th Battalion of the Provincial Arms Constabulary (P.A.C.) in Gorakhpur was assigned duty of maintaining law and order in the Faizabad University. While on duty on 18.2.1990, the respondent herein used abusive language against his companion constable Gajendra Kumar Singh.

3. The respondent while on security duty on 19.2.1990 from 0200 hours to 0400 hours aimed rifle at Gajendra Kumar Singh and threatened to eliminate him. A preliminary enquiry was conducted in the aforesaid incident by the Company Commander who prima facie found that the respondent had behaved in an indisciplined manner and he also made an unsuccessful attempt to harm his colleague constable Gajendra Kumar Singh. It was concluded in the preliminary enquiry that the reputation of the force had also been lowered by the said constable Gajendra Kumar Singh. Hence, both the respondent and constable Gajendra Kumar Singh were placed under suspension and it was recommended that the proceedings be launched against them under section 7 of the Police Act and departmental proceedings be conducted against the aforesaid persons under para 490 of the U.P. Police Regulations.

4. Explanations were called from the respondent and constable Gajendra Kumar Singh and thereafter the charges against the respondent were found established. The Commandant of the Battalion concluded that the charges of indiscipline and unbecoming conduct were proved against the respondent and hence it was ordered that the respondent be terminated from the police service. The services of the respondent were terminated by an order dated 16.1.1991.

5. The appeal preferred by the respondent before the Deputy Inspector of Police, P.A.C., Varanasi Range was also dismissed. The respondent aggrieved by the said order preferred a writ petition before the Allahabad High Court. In the counter-affidavit, the appellant State of UP justified the action against the respondent. In the writ petition it was alleged that the respondent and Gajendra Kumar Singh filed complaints against each other on the instigation of their superiors to cause harm to both of them. It was further alleged that the respondent and Gajendra Kumar Singh both gave in writing that they were coerced to make complaints and they had no grouse against each other.

6. In the writ petition it was also urged that the respondent was not given sufficient and reasonable opportunity to cross- examine the witnesses and even a copy of the charge-sheet was not provided to him.

7. It was further urged before the High Court that the action against the respondent was not covered under section 7 of the Police Act and as such there was no allegation of negligence against the respondent. Section 7 of the Police Act reads as under:-

“7. Appointment, dismissal etc. of inferior officers - Subject to provisions of Article 311 of the Constitution and to such rules as the State Government may from time to time make under this Act, the Inspector General, Deputy Inspectors General, Assistants Inspectors-General and District Superintendent of Police, may at any time dismiss, suspend or reduce any police officer of the subordinate rank whom they shall think fits remiss or negligent in the discharge of his duty or unfit for the same;

or may award any one or more of the following punishments to any police officer of the subordinate ranks who shall discharge his duty in a careless or negligent manner, or who by any act of his own shall render himself unfit for the discharge thereof namely:

a) Fine to any amount not exceeding one month’s pay;

b) Confinement to quarters for a term not exceeding fifteen days, with or without punishment - drill, extra guards, fatigue or other duty;

c) Deprivation of good conduct pay;

d) Removal from any office of distinction or special emoluments;

e) Withholding of increments or promo