NO. 850808696 EX HEAD CONSTABLE (ARMOURER) ISHTIYAK AHMAD versus UNION OF INDIA THRU' SECY. MINISTRY OF HOME AFFAIRS & ORS.

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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No. 850808696 Ex Head Constable (Armourer) Ishtiyak Ahmad v. Union Of India Thru' Secy. Ministry Of Home Affairs & Ors. - WRIT - A No. 43458 of 2001 [2007] RD-AH 10055 (24 May 2007)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Vineet Saran, J.

Heard learned counsel for the petitioner and perused the record.

The petitioner was a Constable in the Central Reserve Police Force. On the charge of misconduct of an attempt to commit unnatural act with the son of a constable, by order dated 4.9.2000 passed by the Commandant, Respondent no.6 punishment of compulsory retirement from service was awarded to the petitioner. By an order dated 16.1.2001 the Deputy Inspector General of Police imposed the punishment of dismissal from service. Challenging the said order the petitioner filed a revision which has been dismissed by order dated 21.7.2001 passed by the Inspector General of Police, Respondent no.2. This writ petition has been filed with the prayer for quashing the order dated 21.7.2001.

It may be noticed that in the absence of the petitioner having challenged the order dated 16.1.2001, even if the order dated 21.7.2001 is set aside, no relief would be granted to the petitioner as the order of dismissal from service would still remain. Further, in view of the nature of the charge leveled against the petitioner which stood proved, in my view, the punishment imposed on the petitioner is perfectly justified and does not call for interference.

This writ petition is, accordingly, dismissed. No order as to cost.

dt. 24.5.2007

dps

w.p. 43458 of 2001

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