Pawan Kumar vs State Of U.P. & Others
2012 Latest Caselaw 3978 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- WRIT - A No. - 40743 of 2012
 

 
Petitioner :- Pawan Kumar
 
Respondent :- State Of U.P. & Others
 
Petitioner Counsel :- A.C. Srivastava
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Rajes Kumar,J.

By the order dated 31.7.2010 passed by the Sena Nayak 38, Vahini, PAC, Aligarh the petitioner has been punished by deducting his salary equal to the payment of 10 days. Against the said order, the petitioner filed appeal which has been dismissed vide order dated 15.12.2010. Against the said order, the petitioner filed revision before the Inspector General of Police, PAC, Moradabad which has been treated it as a review. The petitioner filed Writ Petition No. 56332 of 2011. The said writ petition has been dismissed on the ground that against the appellate order revision lies under Rule 23 of the U.P. Police Officer of the Subordinate s (Punishment and Appeals), Rules, 1991.

It appears that the order of the Inspector General of Police, PAC, Moradabad dated 1.6.2011 has either not been taken any notice or it has been treated as the order rejecting the review. After the dismissal of the aforesaid writ petition, the petitioner moved an application before the Inspector General of Police, PAC, Moradabad for the disposal of the revision. By the order dated 25.2.2012 it has been informed that the said revision has already been disposed of vide order dated 1.6.2012 and no decision can be taken on the revision.

In view of the aforesaid facts the petitioner is permitted to challenge the order dated 1.6.2011 which the petitioner challenged by way of amendment application, which has been allowed.

Let the learned Standing Counsel may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks.

List thereafter.

Order Date :- 5.9.2012

OP

'

Hon'ble Rajes Kumar,J.

The application is allowed. The petitioner is permitted to make necessary amendment in the writ petition.

Order Date :- 5.9.2012

OP