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Jai Pal Singh v. State Of U.P. And Others - WRIT - A No. 45995 of 2006 [2006] RD-AH 14293 (24 August 2006)


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Court No. 52

Civil Misc. Writ Petition No. 45995 of 2006

Jai Pal Singh


State of U.P. and others

Hon'ble V.K. Shukla,J.

Against the petitioner for consuming liquor and thereafter misbehaving with the officers, disciplinary proceedings have been initiated. In the said disciplinary proceedings Inquiry Officer has submitted his report and thereafter show cause notice has been issued by the Senior Superintendent of Police, Saharanpur. At this juncture present writ petition has been filed for issuing writ in the nature of mandamus directing the respondents to take decision on the application of petitioner for transferring the departmental inquiry from Saharanpur to any other district and further not to proceed with the Inquiry in pursuance of the inquiry report.

Sri Manish Nigam has placed reliance on Rule 12 of the U.P. Police Officers Subordinate Ranks (Punishment and Appeal) Rules 1991 by contending that Deputy Inspector General of Police Range is empowered under the aforesaid Rule to transfer the Inquiry as such directives be issued for taking decision on the same and enquiry be transferred to Saharanpur.

Sri P.K. Pandey, learned Standing Counsel on the other contended that inquiry is already over and decision has taken by the  Senior Superintendent of Police, Saharanpur as such there is no occasion for transferring the inquiry.

In order to appreciate respective arguments Rule 12 of U.P. Police Officers Subordinate Ranks (Punishment and Appeal) Rules 1991 is being quoted below:

"Section 12:- Transfer of departmental enquiry: The Director General, Inspector General and the Deputy Inspector General or the Superintendent of Police may, for reasons to be recorded in writing either on his own motion or on the request of the Inquiry Officer holding the departmental inquiry, transfer the Inquiry to any officer or the Police Force of an equivalent or higher rank."

A bare perusal of the aforesaid Rule quoted above would go to show that Deputy Inspector General of Police is empowered to transfer the inquiry to any other officer on his own motion or on the request of Inquiry Officer.

Here  in the present case inquiry has already been concluded and notice has been issued to the petitioner in term of Rule 14(2) of 1991 Rule by Superintendent of Police Muzaffarnagar.

Consequently there is no occasion to direct transfer of departmental inquiry from district Saharanpur to any other District specially when inquiry has already been concluded and report of Inquiry Officer has been submitted.

It has also been requested that Senior Superintendent of Police, Muzaffarnagar be restrained from proceeding, pursuant to  notice dated 05.08.2003 under Rule 14 (2) of the 1991 Rules. After Inquiry Officer submits report it is statutory duty of the Senior Superintendent of Police, Muzaffarnagar to proceed with the matter and here  Senior Superintendent of Police, Muzaffarnagar is merely performing and discharging his statutory duties.

Consequently, present writ petition is totally misconceived and is dismissed.

No orders as to cost.




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