Hon’ble Sunil Ambwani, J.—Heard Shri Vijay Gautam, learned counsel for the petitioner. Learned Standing Counsel appears for the respondents.

2. The petitioner a constable in Civil Police was dismissed from service by the Senior Superintendent of Police, Varanasi on July 3, 2008 under Rule 8 (2)(b) of the U.P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rules, 1991 (in short the Rules of 1991) without conducting departmental enquiry on the ground that on the charges levelled against him, it was not reasonably practicable to hold a departmental enquiry against him. The petitioner did not file an appeal against the order and has directly approached this Court for setting aside the order on the ground that the facts and circumstances, in which the petitioner is facing a criminal trial under Section 7 (13) of the Prevention of Corruption Act for being caught for accepting bribe red handed, would not be a ground on which it can be said that it is not reasonably practicable to hold a departmental enquiry.

3. Shri Vijay Gautam, learned counsel for the petitioner submits that the order of dismissal from service is entirely arbitrary, discriminatory and has been pass