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Vashishtha Singh v. D.I.G. Of Police & Others - SPECIAL APPEAL No. 684 of 2005 [2005] RD-AH 1434 (27 May 2005)


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Court No. 32

Special Appeal No. 684 of 2005

Vashishtha Singh  V. Dy.Inspector General of Police Allahabad

      & others


Hon.S.Rafat Alam J.

Hon. Vikram Nath J.

Heard Sri R.K. Ojha learned counsel for the appellant and also perused the order of learned single Judge dated 8.4.2005 in Writ Petition No.24046/2003.

Admittedly against the order dismissing the petitioner from services under Rule 8(2) (b) of the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 (herein after referred to as the Rule), statutory remedy of appeal is provided under the said Rules itself. Therefore, the learned single Judge has rightly dismissed the writ petition on the ground of alternative remedy. Sri R.K. Ojha learned counsel for the appellant further submitted that no reasons have been recorded by the disciplinary authority for dispensing with the departmental proceedings under Rule 8(2)(b) of the Rules and therefore, the petitioner/appellant cannot be relegated to the appellate authority. We do not find any force in the submission for the reasons that against the order passed under Rule 8(2)(b) of the Rules an appeal lies under the provision of the Rules and therefore, this aspect can be also examined and considered by the appellate authority.

It is however, provided that if any appeal is preferred, the same may be considered and decided on merits after affording opportunity of hearing to the necessary parties by the concerned authority expeditiously preferably within a period of three months thereafter.

With the aforesaid observations, this appeal stands disposed off.




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