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VIVEK KUMAR BIRLA, DONADI RAMESH
Sanjeev Kumar Tomar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Donadi Ramesh, J.
Heard Sri. Sudhanshu Pandey, Advocate holding brief of Sri. S.P.S. Chauhan, learned Senior Counsel for the petitioner, who is also present and learned Standing Counsel for the State-respondents.
2. Present writ petition has been filed challenging the order dated 9.8.2021 passed by State Public Service Tribunal, Lucknow, Uttar Pradesh in Claim Petition No. 925/2021.
3. The petitioner filed the Claim Petition No. 925/2021 before the State Public Service Tribunal, Lucknow, Uttar Pradesh challenging the punishment order dated 23.10.2020 passed by Senior Superintendent of Police, District Agra. By the said order, punishment of censure/adverse entry, has been provided to the petitioner under the provisions of Rule 4 (1) (b) (iv) of the U.P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rule, 1991 (hereinafter referred to as the Rule, 1991). Against the said order, petitioner preferred an appeal before respondent no.4 i.e. Inspector General of Police, Agra Range Agra, District Agra under Rule 20 of the Rule, 1991. the same was also dismissed vide order dated 19.12.2020. Against the same, he preferred a revision before respondent no.3, which was also
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.
Punishment – Superintendent of Police has jurisdiction to award minor penalty of censure to a Sub-Inspector of Police.
Disciplinary authorities must provide reasons for disagreeing with enquiry officer findings and issue a second show cause notice before imposing punishment, adhering to principles of natural justice.
Disciplinary proceedings require clear evidence of misconduct, and courts will not interfere unless strict procedural contraventions are present.
Service - Imposition of penalty - Reduction of rank - Punishment imposed by disciplinary authority does not include “Reduction in rank” and as such the question of serving a Show Cause Notice in term....
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