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Judgment
Rajesh Tandon, J.—Heard Sri Sharad Sharma counsel for the petitioner and Standing Counsel for the respondents.
By the present writ petition, the petitioner has prayed for a writ of certiorari quashing the order dated 5.1.2002 passed by the respondent No. 2.
Briefly stated the petitioner was appointed in Uttar Pradesh Police on 20th August 1997. The petitioner after creation of State of Uttaranchal opted for State of U.P. but he was not relieved for State of U.P. The respondent No. 2 vide order dated 5.1.2002 passed under Rule 8(2) (b) of U.P. Police Officers of Subordinate Ranks (Punishment & Appeals) Rules 1991, dismissed the service of the petitioner. The allegations against the petitioner are that he is habitual to remain absent from his duty. During his entire service period he was punished for fine in the year 2000. His integrity was also not verified in the year 2000. In the year 2001 he was censured. He was punished with minor punishment for about 10 times. He was also placed under suspension for three times.
The order of dismissal was passed by the Superintendent of Police under Rule 8 (2) (b) of U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules 1991. Rule 20 of the said Rules provide for appeal against the order passed by the punishing authority. Rule 20 reads as under:
Appeals-(i) Every Police Officer against whom an order of punishment mentioned in sub clauses (i) to (iii) of Clause (a) and Sub-clauses (i) to (iv) of Clause (b) entitled to prefer an appeal against the order of such punishment to the authority mentioned below:
(a) to the Deputy Inspector-General, if the original order is of the Superintendent of Police or officers empowered under sub rule (4) of Rule 7 of these rules;
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Punishment defined under Rule 4. The following punishment has been provided under Clause (1)
(a): Major Penalties-
(i) Dismissal from service,
(ii) Removal from service.
(iii) Reduction in rank including reduction to a lower scaled or to a lower stage in a time scale.
The punishment imposed on the petitioner is removal from service defined under Clause (i)(a) (i) & (ii) and against such order of punishment appeal has been provided under Rule 20(1) of the U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991.
From the pleadings of writ petition it is clear that the petitioner has not availed the opportunity of appeal before the Deputy Inspector General of Police and thus the writ petition is not maintainable on the ground of alternative remedy.
The writ petition is, therefore, dismissed on the ground of alternative remedy. However, liberty is given to the petitioner to file appeal before the competent authority within one month after obtaining certified copy of this order. If appeal is filed the same shall be disposed of within a period of one month.
No order as to costs.