JUDGMENT :

1. The petitioner herein is aggrieved by the order of the dismissal of his service and the orders passed by the appellate and revisional authority for rejection of appeal and revision.

2. The petitioner has been dismissed from the post of Constable in U.P. Police during the period of probation by the order dated 31.05.2012 invoking powers under Rule 20(3) of the U.P. Civil Police Constable and Head Constable Service Rules, 2008 without conducting any disciplinary enquiry.

3. The allegations in the dismissal order are that one Gopal had committed rape of a girl inside the police outpost-Lalpur, Police Station Kotwali, Budaun while both were kept in the lock-up. A first information under Section 376, 347, 323, 120B, 109/34 IPC and 7/13 Prevention of Corruption Act was lodged by the victim naming the petitioner as one of the complicit. The allegations was that the rape was committed by Gopal while petitioner was sitting outside.

4. Vide order dated 28.05.2012, the petitioner was placed under suspension by the Senior Superintendent of Police, Budaun. A preliminary enquiry was conducted on the said allegations and based on the said enquiry, the petitioner was dismissed from servi