Allahabad High Court Asks Deputy Police Commissioner To File Personal Affidavit For Exercise Of Extraordinary Power In Dismissing Head Constable

In an interim order, the Allahabad High Court has directed the Deputy Commissioner of Police, Gautam Buddh Nagar to file an affidavit giving reasons for exceeding his authority under Rule 8(2)(b) of the U.P. Police Officers of Subordinate Rank (Punishment and Appeal) Rules, 1991.

The Deputy Commissioner of Police had by order dated 07.08.2024, ordered the dismissal of the petitioner, a Head Constable in the Police, from service.

The Court held that the Deputy Commissioner had exercised power in excess of his authority as he had failed to record a reason for not holding an inquiry into the matter prior to the dismissal. He had in fact remarked that such reasons would be recorded in the future. The Court held that in such a case, the conditions stipulated under Rule 8(2)(b) were to be adhered to strictly.

“This Court does not encourage exercise of such drastic powers striking a departure from the rule for holding an inquiry against Government servants except for the valid and compelling reasons that are put in writing in the order itself, by the Disciplinary Authority which exercises the power,” held Justice J.J. Munir.

The Court observed that in a number of cases from High Courts and the Supreme Court, there was a categorical finding as to the discouragement of the exercise of the power under Rule 8(2)(b) “recklessly” by the relevant authority. Further, Justice Munir took into account the fact that a circular had already been issued in this regard, directing senior officials to not invoke their discretionary power under Rule 8(2)(b).

Finding that the Deputy Commissioner had been in violation of the above, the Court issued a notice to him to show cause as to why appropriate action may not be initiated against him, and to file an affidavit at the station where he is posted on or before 26.09.2024.

The Court also stayed the impugned dismissal order while permitting the petitioner to continue discharging his duty and receiving his salary.

The case was listed for order on 26.09.2024.

Case Title: Amit Kumar @ Amit Kumar Malik v. State of U.P. and 2 Ors. [WRIT - A No. - 13044 of 2024]

Counsel for Petitioner: Anoop Trivedi,Sr. Advocate asisted by Vibhu Rai and Abhinav Gaur

Click Here To Read/Download Order