The main legal point established in the judgment is the interpretation of Rule 4 and Rule 7 of the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991, regarding the authority of the Senior Superintendent of Police to impose minor penalties on police officers.

JUDGMENT :

Vipin Sanghi, J.

The petitioner has preferred the present writ petition to seek the following reliefs:-

“1. Issue a writ, order or rule in the nature of certiorari calling for records and quashing – (a) inquiry report dated 7-3-2019, order dated 9-6-2020 passed by SSP Udham Singh Nagar, order dated 30-12-2020 passed by respondent no. 3, being WITHOUT JURISDICTION (b) judgment and order dated 17-3-2023 passed by learned public service tribunal camp at Nainital in claim petition no. 72/NB/SB/2022.

2. Issue a writ, order, rule or direction to the respondent to give all benefits to the petitioner which were not given due to the impugned orders passed by authorities i.e. promotion etc.

3. To issue any other suitable order or direction which this Hon’ble Tribunal may deem fit and proper under the circumstances of the facts and circumstances of the case.

4. To award the cost of the application in favour of the applicant, otherwise the petitioner shall suffer irreparable loss and injury.”

2. The brief background of facts is that the petitioner was appointed as a Constable in the year 1990. He was promoted to the post of Sub Inspector in the year 2008. A disciplinary proceeding was initiated against the petitioner by the Senior Superintendent of Police, Udham Singh Nagar with issuance of a Show Cause Notice on 04.05.2019. The petitioner replied to the said Show Cause Notice, whereafter the Senior Superintendent of Police, Udham Singh Nagar imposed a minor penalty of censure upon the petitioner on 09.06.2020. The petitioner was aggrieved by the said minor penalty and he preferred a statutory Appeal before the Appellate Authority, i.e. the Inspector General of Police. That, too, was rejected. Thereafter, the petitioner preferred a writ petition, being Writ Petition (S/S) No. 1625 of 2022 before this Court. However, this Court did not entertain the writ petition leaving it open to the petitioner to approach the Uttarakhand Public Services Tribunal. Consequently, the petitioner preferred a claim petition before the Uttarakhand Public Service Tribunal, Bench at Nainital being Claim Petition No. 72/NB/SB/2022. The said Claim Petition was rejected by the impugned order dated 17.03.2023. The issue raised by the petitioner against the imposition of minor penalty of censure upon him was that the Senior Superintendent of Police was not competent to subject the petitioner to the said penalty. The case of the petitioner was that under the Police Regulations, which have been adopted by the State of Uttarakhand, Regulation 406 (a) provides that inter alia, Sub Inspectors are appointed by the Deputy Inspector General. The submission of the petitioner was that consequently, the Senior Superintendent of Police was not competent either to initiate the disciplinary proceedings or to punish the petitioner. The further submission of the petitioner was that under the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991, which have been adopted by the State of Uttarakhand, the punishments are described in Rule 4 and the powers of punishment are prescribed in Rule 7. Rules 4 and 7 of the said Rules read as follows:-

“4. Punishment.—(1) The following punishments may, for good and sufficient reasons and as hereinafter provided, be imposed upon a Police Officer, namely:-

(a) Major Penalties.—

(i) Dismissal from service.

(ii) Removal from service.

(iii) Reduction in rank including reduction to a lower-scale or to a lower stage in a time scale.

(b) Minor penalties.—

(i) With-holding of promotion.

(ii) Fine not exceeding one month’s pay.

(iii) With-holding of increment, including stoppage of an efficiency bar.

(iv) Censure.

(2) In addition to the punishments mentioned in sub-rule (1) Head Constables and Constables may also be inflicted with the following punishments:-

(i) Confinement to quarters (this item includes confinement to Quarter Guard for a term nor exceeding fifteen days extra guard or other duty).

(ii) Punishment Drill not exc