Back
ALOK MATHUR
Amit Yadav – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
ALOK MATHUR, J.
1. Heard Sri Ashutosh Kumar Srivastava, learned counsel on behalf of the petitioner as well as learned Standing Counsel on behalf of the respondents.
2. By means of present writ petition, the petitioner has assailed the charge-sheet dated 19.10.2023 issued by Presiding Officer/Circle Officer, Sadar, District-Gonda and also seeks certiorari to quash the impugned departmental disciplinary proceedings inasmuch as against the petitioner under Rule 14(1) of the Uttar Pradesh Police Officer of Subordinate Ranks, (Punishment and Appeal) Rules, 1991.
3. It has been submitted that the learned counsel for the petitioner that the petitioner is working on the post of Head Constable in Gonda at the relevant time where a First Information Report was lodged on 04.04.2023 by one Prince Yadav, the brother-in-law of the petitioner under Section 307 I.P.C. the said FIR was lodged against Surendra Yadav, the brother-in-law of the petitioner who is alleged to have assaulted and injured the petitioner due to a family dispute. Investigation into the said occurrence was conducted and it was found that the petitioner's brother-in-law has lodged false First Information Report against
Simultaneous departmental and criminal proceedings are permissible under the Uttar Pradesh Police Officer of Subordinate Ranks, (Punishment and Appeal) Rules, 1991, without prejudicing the officer's ....
Departmental disciplinary proceedings can proceed concurrently with criminal cases, as they are distinct processes with different standards of proof.
In the disciplinary proceedings, the rule of the preponderance of probabilities is applied whereas, in the criminal proceeding, the principle of strict standard of proof beyond a reasonable doubt is ....
The distinction between the nature of inquiry and investigation in departmental proceedings and criminal case, and the different standards of proof required in each.
Point of Law : Arguments advanced are clearly devoid of substance, as in present case, at no point of time any departmental enquiry has been held in the past, wherein petitioner has been exonerated, ....
While criminal case is registered under Section 3(a) of Railway Property (Unlawful Possession) Act, 1966 which involves theft of Railway property, disciplinary proceeding is upon charges of gross neg....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
