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2021 Supreme(All) 1588

RAJESH SINGH CHAUHAN
Inspector(Civil Police) Rahul Shukla – Appellant
Versus
State Of U. P. Thru Addl. Chief Secy. Home Lucknow – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Rakesh Kumar Singh
For the Respondent: C.S.C.

JUDGMENT :

Rajesh Singh Chauhan, J.

Heard Sri Rakesh Kumar Singh, learned counsel for the petitioner and Ms. Parul Bajpai, learned Standing Counsel for the State-respondents.

2. By means of this writ petition, the petitioner has assailed the office memo dated 01.07.2021 passed by the Additional Chief Secretary, Home Department, Government of U.P., Civil Secretariat, Lucknow, awarding special adverse entry to the petitioner.

3. Learned counsel for the petitioner has drawn attention of this Court towards Annexure No.5 of the writ petition, which is the dictum of Hon'ble Apex Court rendered in re: Vijay Singh vs. State of U.P. & others reported in [2012 (2) LBESR 774 (SC) by submitting that the punishment of special adverse entry is not provided under the relevant rules known as U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 (here-in-after referred to as the "Rules, 1991"), therefore, such punishment may not be awarded.

4. Ms. Parul Bajpai, learned Standing Counsel has submitted that so far as the allegation levelled in the punishment order is concerned, it appears prima-facie that the petitioner has committed some misconduct, however, this punishment is

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