Hon’ble Ram Surat Ram (Maurya), J.—I have heard counsel for the petitioner and Standing counsel for the State.

2. The writ petition has been filed for quashing the order dated 13.11.2007 passed by Superintendent of Police, Chandauli (Respondent-4) by which the petitioner was terminated from the service exercising the power under Proviso (b) to Rule 8 (2) of U.P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rules 1991 (the Rules) and order of Deputy Inspector General of Police, Varanasi Range, Varanasi (Respondent-3) dated 29.2.2008 by which appeal of the petitioner has been dismissed and order of Inspector General of Police, Varanasi Zone, Varanasi (Respondent-2) dated 27.6.2008 by which revision of the petitioner has been dismissed.

3. The petitioner was recruited as constable in U.P. Police on 1.1.1987. The petitioner was transferred to Police Station Chandauli on 25.2.2007. Since then he was doing his duties there. On 27.9.2007, Sri Sharda Prasad Sharma, Traffic Inspector, lodged a FIR (registered as Crime No. 271 of 2007, under Section 392 I.P.C. and Section 7/13(2) of Prevention of Corruption Act,1988) against the petitioner and one other constable Ghan Shyam Singh, alleging therein that Shiv Pujan Thakur, driver of Truck No. J.H.-11-B-2802 and Faruk, driver of Truck No. UP-75-H-8841, informed him that two persons, one in police uniform and other in civil dress, extracted Rs. 700/- each from them. He further alleged that these drivers could not state the names of those persons. Two constables namely Rajesh Singh and Rai Sahab Singh were doing picket duty at Chandauli turn. Out of whom Rai Sahab Singh informed that constables Gulab Yadav and Ghan Shyam Singh had extracted money from truck drivers.

4. On the basis of the aforesaid FIR, Superintendent of Police, Chandauli suspended the petitioner vide order dated 29.9.2007 and directed Circle Officer, Chandauli to conduct an inquiry and submit his report.

5. On 7.11.2007 another FIR (i.e. Crime No. 359 of 2007 under Sections 7, 8, 9, 13(2) of Prevention of Corruption Act,1988 and Section 122-B IPC) was lodged by Sri Harinath Yadav, Dy. S.P. Ante Corruption Cell, Varanasi at Police Station Ali Nagar, Chandauli alleging therein that a raid was conducted in which Samar Bahadur Singh, Vimal Prasad Gupta and Nand Lal Singh were arrested red- handed while extracting money from truck drivers on G.T. Road on 7.11. 2007 at 5.45 a.m. While three other persons ran away from the spot, who were also there. Samar Bahadur Singh (accused) informed the name of the persons who run away from the spot as the constables of P.S. Chandauli, Vinod Singh, Gulab Yadav and Dig Vijay Singh. Accordingly, these persons have formed a gang for extracting money from the Truck drivers and are indulged in committing crime.

6. Sri Devesh Kumar Sharma, Circle Officer, Sakaldeeha, Chandauli was appointed to conduct preliminary inquiry in the aforesaid case. He wrote a letter dated 13.11.2007 to Superintendent of Police, Chandauli for terminating the petitioner from service invoking power under Proviso (b) of Rule 8 (2) of the Rules.

7. Superintendent of Police, Chandauli vide order dated 13.11.2007 terminated the services of the petitioner invoking powers under Proviso (b) to Rule 8(2) of the Rules. In the order dated 13.11.2007, he has mentioned that after registration of case Crime No. 359 of 2007 of P.S. Ali Nagar, Chandauli, a preliminary inquiry was done by Sri Devesh Kumar Sharma, Circle Officer, Sakaldeeha, Chandauli, who has informed that prior to this incident, Gulab Yadav was charged for extracting money from the drivers of vehicles in the year 1995. He was again charged for demanding money from one Sukhvindra Singh, a business man on 16.5.2003 and thereafter case crime No. 271 of 2007 under Section 392 I.P.C. and Section 7, 13 (2) of Prevention of Corruption Act was registered against him at P.S. Chandauli on 27.9.2007 on the complaint of Sri Sharda Prasad Sharma, Traffic Inspe