Prayagraj, 29 November: Allahabad High Court has canceled the order passed by the UP government under which Deputy Superintendent of Police/Deputy SP Laxmi Singh Chauhan was reverted to the post of Police Inspector.
The court reinstated the petitioner to the post of Deputy SP and also canceled the recommendation of the Public Service Commission to promote her from Deputy SP to Inspector. This order was passed by Justice Ajit Kumar after hearing the arguments of senior advocate Vijay Gautam.
Petitioner
Inspector Laxmi Singh Chauhan was working as Inspector in Ghaziabad district in the year 2019. During that time, a case was filed against the petitioner and 06 other police personnel on September 25 2019 by Dr Rakesh Kumar Mishra, Deputy SP Sahibabad, Ghaziabad district, lodged the First Information Report ( FIR) under Section 409, IPC and 7/13 Prevention of Corruption Act at Police Station Link Road, Ghaziabad district.
The petitioner and other police personnel were accused of arresting Rajeev Sachan, Noida, Gautam Buddha Nagar with Rs 31 lakh and accused Aamir with Rs 14 lakh 81 thousand five hundred.
While during interrogation, accused Rajiv Kumar told that about Rs 55 lakh was recovered from him and accused Aamir told that about Rs 60-70 lakh was recovered from him. It was told that there is a difference of about Rs 70-80 lakh between the amount recovered and the amount told by the accused during interrogation. In the said criminal case, a charge sheet was filed by the police on January 1 2020 against all the 6 other policemen including the petitioner under Section 409/411, IPC and 7/13 Prevention of Corruption Act.
Senior advocate Vijay Gautam, who appeared in the court on behalf of the petitioner inspector, said that after the chargesheet was filed in the Special Judge Prevention of Corruption Act, Meerut, a discharge application was filed. On which the Special Judge Prevention of Corruption Act, Meerut, passed an order on September 2 2021 and discharged the petitioner and 6 other policemen from Section 7/13 Prevention of Corruption Act.
It was said that after that a criminal revision was filed in the High Court against the said discharge order by the government. In which the High Court issued notice to the petitioner on December 10 2021 and stayed the order of the Special Court Prevention of Corruption Act Meerut till further orders.
The senior advocate told the court that on 23 April 2022, 33 inspectors of the petitioner’s batch were promoted to the post of Deputy SP and the petitioner was not promoted to the post of Deputy SP due to pending criminal case. Inspectors junior to the petitioner were also promoted to the post of Deputy SP. The High Court directed to take a decision on promotion as per the government order in the petitioner’s petition.
Thereafter, on August 29 2023, the petitioner was promoted to the post of Deputy SP by the UP government and under the promotion order, the petitioner took charge as Deputy Superintendent of Police in Agra district on 30 August 2023. After working as Deputy SP for 9 months, the order of Special Secretary Home UP Government dated June 11 2024 canceled the promotion order of the petitioner to the post of Deputy SP and made him Inspector.
The said order has been passed on the basis of the recommendation of UP Public Service Commission Prayagraj. The petitioner had challenged the order of UP Government Home Department dated June 11 2024 in the High Court.
The High Court has issued instructions to the senior officers of UP Government and Police that the petitioner will be promoted to the post of Deputy SP on ad hoc basis and this promotion will depend on the decision of the criminal proceedings going on against him as Deputy Superintendent of Police.
