Dismissed

Subhash Chandra v. State of U.P. Thru. Secy. Ministry and Deptt. of Home Affairs Secrt. Lko. and Thers

Allahabad HC28 Feb 2023/98/2023

Case brief

AI extract

What is this about?

The High Court dismissed the appellant police constable's appeal against a Single Judge's order refusing reinstatement. Holding that Rule 17(I)(b) permits suspension pending criminal trial, the Court declined to interfere, rejecting the claim that suspension was impermissible despite the appellant being a sole breadwinner.

What did the court decide?

The special appeal filed by Subhash Chandra against the Single Judge's order refusing reinstatement was dismissed.

Subhash Chandra Vs State of U.P. Thru. Secy… — Service and Employment | Allahabad HC (2023)

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Court No. - 2

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Case :- SPECIAL APPEAL DEFECTIVE No. - 98 of 2023

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Appellant :- Subhash Chandra Respondent :- State Of U.P. Thru. Secy. Ministry And Deptt. Of Home Affairs Secrt. Lko. And Thers Counsel for Appellant :- Dev Prakash Singh Counsel for Respondent :- C.S.C.

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Hon'ble Devendra Kumar Upadhyaya,J. Hon'ble Subhash Vidyarthi,J.

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Having heard learned counsel for the parties and gone through the affidavit filed in support of the application seeking condonation of delay, we are satisfied that the delay has sufficiently been explained.

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Accordingly, the application is allowed and delay in filing the special appeal is hereby condoned.

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Order on Memo of Appeal

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The appellant-petitioner, who is working as police constable (driver) in civil police has assailed the legality of the order dated 22.11.2022 passed by the learned Single Judge in Writ A No.7837 of 2022 whereby his claim for reinstatement has not been acceded to.

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The appellant-petitioner is an accused in Case Crime No.324 of 2017, under sections 302 & 307 of I.P.C. In connection with the said criminal case, he was arrested on 21.05.2017 and was accordingly lodged in jail and has now been released in terms of the order of bail granted in his favour on 11.04.2022.

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In terms of the provisions contained in Rule 17(I)(b) of U.P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rules, 1991 a police officer in respect of whom an investigation or trial relating to a criminal charge is pending may be placed under suspension until termination of all proceedings relating to such criminal charge, at the discussion of the appointing authority. The appellant-petitioner was thus placed under suspension on account of his alleged involvement in the aforementioned criminal case.

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It has been stated by the learned counsel for the appellant that the appellant is the sole bread earner of his family, who is due to retire, however, continued suspension in these circumstances is not permissible.

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As observed above, the appellant is an accused in a criminal case in respect of which trial is going on and in such a situation since rule 17(I)(b) of the 1991 Rules permits the appointing authority to place such a police officer under suspension, we are not inclined to interfere in the order passed by the learned Single Judge which is under appeal before us.

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Special appeal is hereby, thus, dismissed.

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Order Date :- 28.2.2023 akhilesh/

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Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Subhash Chandra v. State of U.P. Thru. Secy. Ministry and Deptt. of Home Affairs Secrt. Lko. and Thers

Case brief

What is this about?

What did the court decide?

Subhash Chandra v. State of U.P. Thru. Secy. Ministry and Deptt. of Home Affairs Secrt. Lko. and Thers

Case brief

What is this about?

What did the court decide?

What the court decided

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