High Court · 2025

1. Heard Sri Ram Karan, learned counsel for the petitioner as well as learned Standing Counsel for the respondents.

2. It has been submitted by learned counsel for the petitioner that petitioner is working on the post of Sub Inspector in U.P. Police since 2013 and during his service while he was posted at Police Station - Kotwali Bikapur, District - Faizabad a criminal case was registered against him and subsequently when he was posted at Ayodhya, another criminal case was lodged against him in 2018 and proceedings under the U.P. Police Officers of Subordinate Rank (Punishment and Appeal) Rules, 1991 were also initiated against him and punishment orders were passed on 01.02.2018, 10.04.2018, 01.05.2019 and 29.08.2019 against the petitioner.

3. There is no dispute that the petitioner did not preferred any appeal against the aforesaid punishment orders, but had approached U.P. Public Service Tribunal by filing Claim Petition No. 2321 of 2021, only with limited prayer seeking direction to the Additional Chief Secretary, Grah Police Anubhag-1, Home Department, Civil Secretariat, Lucknow to consider and decide representation of the petitioner dated 15.10.2020. The said claim petition was disposed of at the admission state on 22.12.2021, directing respondent no. 1 to decide representation of petitioner by reasoned and speaking order within three months. It seems that the said order has not been complied with.

4. It is next submitted by learned counsel for the petitioner that another claim petition ws filed by the petitioner for similar relief with regard to other punishment orders which was registered as Claim Petition No. 2649 of 2021, where also similar order was passed. Accordingly, in the aforesaid circumstances, present writ petition has been filed for the following reliefs :- "i. Issue a writ, order or direction in the nature of CERTIORARI to stay/set aside the awarded minor punishment of censure entry in character role, vide order dated 01.02.2018, 10.04.2018 and 01.05.2019 under Rule 14(2) read with Rule 4(1)(b)(4) of U.P. Police Subordinate Rank (Punishment and Appeal) Rules, 1991 contained as Annexure No. 1, 2 and 3 and penalty equal to salary of 30 days, vide order dated 29.08.2019 under Rule 14(2) read with Rule 4(1)(b)(2) of the Rules, 1991, passed by the respondent no. 2 against the petitioner, contained as Annexure no. 4, which is without any basis, arbitrary as well as illegal and without conducting any preliminary inquiry reports which is mandatory. ii. Issue a writ, order or direction in the nature of MANDAMUS commanding the respondent no. 1 Additional Chief Secretary, Grah Police Anubhag-I, Home Department, Civil Secretariat, Lucknow to consider and decide the petitioner's representation dated 15.10.2020 moved to them as Annexure No. 6 in terms of order dated 22.12.2021 passed by the U.P. State Public Service Tribunal, Lucknow in Claim Petition No. 2621 of 2021 (Sub Inspector (Civil Police) Sanjay Kumar Rai Vs. State of U.P. and Others) contained as Annexure No. 05 to this writ petition. iii. Issue a writ, order or direction in the nature of MANDAMUS commanding the respondent no. 1 Additional Chief Secretary, Grah Police Anubhag-I, Home Department, Civil Secretariat, Lucknow to consider and decide the petitioner's representation dated 15.10.2020 moved to them as Annexure No. 8 in terms of order dated 23.12.2021 passed by the U.P. State Public Service Tribunal, Lucknow in Claim Petition No. 2649 of 2021 (Sub Inspector (Civil Police) Sanjay Kumar Rai Vs. State of U.P. and Others) contained as Annexure No. 07 to this writ petition. iv. Issue a writ, order or direction in the nature of MANDAMUS commanding the respondents to grant all the consequential service benefits which have been withheld on account of the said punishment order in the interest of justice. v. Issue any other order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case may also be passed in favour of the petitioner in the interest of justice. vi. Allow the petitioner with cost in favour of the petitioner."

5. As far as prayer no. i is concerned the petitioner has sought quashing of the censure entry awarded to him on 01.02.2018, 10.04.2018 and 01.05.2019 which are also subject matter of the claim petition before the U.P. Public Service Tribunal and further direction has been sought by the petitioner for directing the authority to consider and decide his representation. Accordingly, petitioner cannot be permitted to seek redressal of his grievance on two forums and considering the fact that orders have already been passed by the U.P. Public Service Tribunal, accordingly, this Court in its discretion would not entertain the plea at this stage for considering such prayer. Accordingly, prayer no. i. is rejected.

6. With regard to prayer nos. ii & iii are concerned, they seek direction to the Additional Chief Secretary, Grah Police Anubhag-I, Home Department, Civil Secretariat, Lucknow to decide representation dated 15.10.2020 in terms of order dated 22.12.2021, passed by the U.P. Public Service Tribunal. In this regard also this this Court finds that petitioner has sufficient remedy before the U.P. Public Service Tribunal, for non compliance of the orders and also to execute the orders passed by them. This Court in writ petition under Article 226 of the Constitution of India would not act as an executing Court for ensuring execution of order passed by the U.P. Public Service Tribunal, specially when the Tribunal has sufficient power to execute its orders. Hence, for the reasons aforesaid prayer nos. ii and iii are accordingly rejected.

7. Prayer nos. iv and v are consequential reliefs which would not survive after passing of present order.

8. In view of above, this Court is not inclined to entertain present writ petition and same is dismissed. Order Date :- 20.2.2025 A. Verma (Alok Mathur, J.) ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench

1. Heard Sri Ram Karan, learned counsel for the petitioner as well as learned Standing Counsel for the respondents.

2. It has been submitted by learned counsel for the petitioner that petitioner is working on the post of Sub Inspector in U.P. Police since 2013 and during his service while he was posted at Police Station - Kotwali Bikapur, District - Faizabad a criminal case was registered against him and subsequently when he was posted at Ayodhya, another criminal case was lodged against him in 2018 and proceedings under the U.P. Police Officers of Subordinate Rank (Punishment and Appeal) Rules, 1991 were also initiated against him and punishment orders were passed on 01.02.2018, 10.04.2018, 01.05.2019 and 29.08.2019 against the petitioner.

3. There is no dispute that the petitioner did not preferred any appeal against the aforesaid punishment orders, but had approached U.P. Public Service Tribunal by filing Claim Petition No. 2321 of 2021, only with limited prayer seeking direction to the Additional Chief Secretary, Grah Police Anubhag-1, Home Department, Civil Secretariat, Lucknow to consider and decide representation of the petitioner dated 15.10.2020. The said claim petition was disposed of at the admission state on 22.12.2021, directing respondent no. 1 to decide representation of petitioner by reasoned and speaking order within three months. It seems that the said order has not been complied with.

4. It is next submitted by learned counsel for the petitioner that another claim petition ws filed by the petitioner for similar relief with regard to other punishment orders which was registered as Claim Petition No. 2649 of 2021, where also similar order was passed. Accordingly, in the aforesaid circumstances, present writ petition has been filed for the following reliefs :- "i. Issue a writ, order or direction in the nature of CERTIORARI to stay/set aside the awarded minor punishment of censure entry in character role, vide order dated 01.02.2018, 10.04.2018 and 01.05.2019 under Rule 14(2) read with Rule 4(1)(b)(4) of U.P. Police Subordinate Rank (Punishment and Appeal) Rules, 1991 contained as Annexure No. 1, 2 and 3 and penalty equal to salary of 30 days, vide order dated 29.08.2019 under Rule 14(2) read with Rule 4(1)(b)(2) of the Rules, 1991, passed by the respondent no. 2 against the petitioner, contained as Annexure no. 4, which is without any basis, arbitrary as well as illegal and without conducting any preliminary inquiry reports which is mandatory. ii. Issue a writ, order or direction in the nature of MANDAMUS commanding the respondent no. 1 Additional Chief Secretary, Grah Police Anubhag-I, Home Department, Civil Secretariat, Lucknow to consider and decide the petitioner's representation dated 15.10.2020 moved to them as Annexure No. 6 in terms of order dated 22.12.2021 passed by the U.P. State Public Service Tribunal, Lucknow in Claim Petition No. 2621 of 2021 (Sub Inspector (Civil Police) Sanjay Kumar Rai Vs. State of U.P. and Others) contained as Annexure No. 05 to this writ petition. iii. Issue a writ, order or direction in the nature of MANDAMUS commanding the respondent no. 1 Additional Chief Secretary, Grah Police Anubhag-I, Home Department, Civil Secretariat, Lucknow to consider and decide the petitioner's representation dated 15.10.2020 moved to them as Annexure No. 8 in terms of order dated 23.12.2021 passed by the U.P. State Public Service Tribunal, Lucknow in Claim Petition No. 2649 of 2021 (Sub Inspector (Civil Police) Sanjay Kumar Rai Vs. State of U.P. and Others) contained as Annexure No. 07 to this writ petition. iv. Issue a writ, order or direction in the nature of MANDAMUS commanding the respondents to grant all the consequential service benefits which have been withheld on account of the said punishment order in the interest of justice. v. Issue any other order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case may also be passed in favour of the petitioner in the interest of justice. vi. Allow the petitioner with cost in favour of the petitioner."

5. As far as prayer no. i is concerned the petitioner has sought quashing of the censure entry awarded to him on 01.02.2018, 10.04.2018 and 01.05.2019 which are also subject matter of the claim petition before the U.P. Public Service Tribunal and further direction has been sought by the petitioner for directing the authority to consider and decide his representation. Accordingly, petitioner cannot be permitted to seek redressal of his grievance on two forums and considering the fact that orders have already been passed by the U.P. Public Service Tribunal, accordingly, this Court in its discretion would not entertain the plea at this stage for considering such prayer. Accordingly, prayer no. i. is rejected.

6. With regard to prayer nos. ii & iii are concerned, they seek direction to the Additional Chief Secretary, Grah Police Anubhag-I, Home Department, Civil Secretariat, Lucknow to decide representation dated 15.10.2020 in terms of order dated 22.12.2021, passed by the U.P. Public Service Tribunal. In this regard also this this Court finds that petitioner has sufficient remedy before the U.P. Public Service Tribunal, for non compliance of the orders and also to execute the orders passed by them. This Court in writ petition under Article 226 of the Constitution of India would not act as an executing Court for ensuring execution of order passed by the U.P. Public Service Tribunal, specially when the Tribunal has sufficient power to execute its orders. Hence, for the reasons aforesaid prayer nos. ii and iii are accordingly rejected.

7. Prayer nos. iv and v are consequential reliefs which would not survive after passing of present order.

8. In view of above, this Court is not inclined to entertain present writ petition and same is dismissed. Order Date :- 20.2.2025 A. Verma (Alok Mathur, J.) ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench