By the Court.—The respondent was a constable in the police department having been originally appointed on 1 November 1978. He was tried for offences under Sections 148, 302/149 and 320/120B of the Indian Penal Code in Sessions Trial No. 93 of 2001. By a judgment and order dated 18 June 2010, the respondent was convicted of those offences by the Court of the Special Judge/Additional Sessions Judge, Ballia and was sentenced to imprisonment for life. On 8 September 2010, the services of the respondent were terminated under Rule 8(2)(a) of The Uttar Pradesh Police Officers of Subordinate Ranks (Punishment and Appeal) Rules, 1991 (Rules of 1991).

Rule 8 of the Rules of 1991 reads as follows:

“8. Dismissal and removal.—(1) No Police Officer shall be dismissed or removed from service by an authority subordinate to the appointing authority.

(2) No Police Officer shall be dismissed, removed or reduced in rank except after proper inquiry and disciplinary proceedings as contemplated by these rules:

Provided that this rule shall not apply—

(a) Where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or

(b)