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D. Y. CHANDRACHUD, MANOJ KUMAR GUPTA
STATE OF U. P. – Appellant
Versus
ANIL KUMAR BHARTI – Respondent
By the Court.—The special appeal has arisen from a judgment and order of the learned Single Judge of this Court dated 17 November 2014. While allowing the writ petition under Article 226 of the Constitution, the learned Single Judge set aside an order dated 16 June 2014 issued by the Commandant of the Fourth Battalion of the PAC at Allahabad dismissing the respondent from service under Rule 4 (1) of the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 (Rules of 1991). The punishment was imposed upon the respondent after a regular departmental inquiry into a charge of misconduct. The basis on which the learned Single Judge has allowed the writ petition is that the respondent being a Group-D employee in the police department would not, in the view of the learned Single Judge, be governed by the Rules of 1991 applicable to police officers of the subordinate ranks and that the disciplinary proceedings would be governed by the rules framed by the Governor under Article 309 of the Constitution namely the Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999 (Rules of 1999).
2. The respondent was appointed on the post of a p
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