RAJESH SINGH CHAUHAN
Dinesh Kumar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Rajesh Singh Chauhan, J.
Heard Mr. Vijay Gautam, the learned Senior Counsel assisted by Mis. Atipriya Gautam, the learned counsel for petitioner and the learned Standing Counsel representing respondents-1 to 5.
2. Challenge in this writ petition is to the order dated 13.5.2022 passed by respondent-4 i.e. the Senior Superintendent of Police, Meerut (Annexure 1 to the writ petition), whereby integrity of the petitioner for the year 2021 withheld by the respondent-4.
3. Mr. Vijay Gautam, the learned Senior Counsel contends that the issue as to whether the integrity of a police personnel can be withheld or not under the Service Rules is no-longer res-intgra. Learned Senior Counsel has relied upon the judgement of Single Bench of this Court in re: Surendra Kumar Singh v. State of U.P. and others, 2013 (11) ADJ 346, as well as the order of a learned Single Judge rendered in Rajiv Kumar Tomar v. State of U.P. and others, 2022 (1) ADJ 240. For ready reference order dated 26.8.2021 passed in aforementioned writ petition is reproduced herein under :
Surendra Kumar Singh v. State of U.P. and others
Bachhittar Singh v. State of Punjab and another
Mohd. Yunus Khan v. State of U.P. and others
Chairman-cum-Managing Director, Coal India Ltd. and others v. Ananta Saha and others
The integrity certificate issuance is a procedural matter and does not preclude independent assessment by the Selection Committee regarding an officer's suitability for promotion.
The issuance of an integrity certificate is procedural, and the Selection Committee must independently assess an officer's integrity.
Disciplinary authorities must provide reasoned orders to ensure procedural fairness; otherwise, penalties may be deemed arbitrary and unsustainable.
A disciplinary authority must provide an opportunity for hearing when it disagrees with an enquiry officer's findings, and any punishment not prescribed by statutory rules is without jurisdiction.
Punishment – Superintendent of Police has jurisdiction to award minor penalty of censure to a Sub-Inspector of Police.
Departmental punishments must not violate principles of proportionality and reasonable limitation periods.
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