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ATTAU RAHMAN MASOODI, OM PRAKASH SHUKLA
Sunil Kumar – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. writ petition challenges disciplinary actions. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. petitioner argues for equal treatment in sanctions. (Para 8 , 9) |
| 3. respondents confirm proper disciplinary process. (Para 10 , 11) |
| 4. court finds misconduct, upholds tribunal's decision. (Para 12 , 13 , 14) |
| 5. established law restricts court's interference in punishments. (Para 15 , 16) |
| 6. writ petition dismissed; no costs ordered. (Para 17 , 18) |
JUDGMENT
Heard Shri Ramesh Singh, learned Counsel for the petitioner and Shri Aakash Sinha, learned State Counsel representing the respondent nos. 1, 3 and 4.
2. The instant writ petition under Article 226 of the Constitution of India has been filed by the petitioner, Sunil Kumar, assailing (i) the judgment and order dated 28.09.2018 passed by the State Public Services Tribunal, Indira Bhawan, Lucknow (hereinafter referred to as the "Tribunal") in Claim Petition No. 935 of 2017, (ii) judgment and order dated 15.11.2019 passed in Review Petition No. 67 of 2019. Apparently, the claim petition No. 935 of 2017 has been preferred by the writ petitioner against (a) the order of punishment/censure dated 14.12.2016 and (b) the appellate order dated 21.04.20
Disciplinary authorities must provide reasoned decisions in accordance with natural justice, but the imposition of minor punishment for negligence was upheld due to sufficient evidence.
The court established that adherence to procedural requirements in disciplinary actions, as outlined in the relevant rules, is essential for the validity of imposed penalties against police officers.
Punishment – Superintendent of Police has jurisdiction to award minor penalty of censure to a Sub-Inspector of Police.
Disciplinary proceedings require clear evidence of misconduct, and courts will not interfere unless strict procedural contraventions are present.
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