Prayagraj, 31 December: Allahabad High Court has canceled the sentence, terming it illegal to punish UP subordinate category police officers, constables, chief constables, inspectors and police inspectors for withholding their integrity.
Along with this, the court has passed orders to provide all service benefits to the petitioners.
Justice Ajit Kumar has passed this order on separate petitions of Police Inspector Girish Chandra Joshi, Brijendra Pal Singh Rana, Vikas Singh, Virendra Singh, Ravi Shankar, Pushpendra Kumar, Jitendra Singh and other police personnel posted in Noida, Meerut and Bareilly. .
The High Court has said that the punishment of withholding the integrity of police officers is against the rules and law, hence the punishment of withholding the integrity of police officers cannot be given to the police officers of UP subordinate category.
The petitioners were sentenced by various senior superintendents of police and orders were passed to stop the integrity of the year 2020.
The allegation against the petitioners was that when these people were posted in SOG district Bareilly, they were having a dispute among themselves with their colleagues appointed in other SOG regarding the distribution of money received from illegal sources whose video went viral on social media.
Subsequently, crime number 535/2020 Section 7/13 Prevention of Corruption Act was registered against these police personnel on 14 October 2020 in Kotwali police station, Bareilly district.
The allegation against the petitioners was that they did not discharge their government responsibilities and the above act tarnished the image of the police among the public.
The petitioners’ senior advocate Vijay Gautam, advocate Atipriya Gautam and Anura Singh argued that there is no provision for punishment for preventing integrity in the punishment prescribed in Rule 4 of the UP Subordinate Category Police Officers (Punishment and Appeal) Rules, 1991. Is. For this reason the said punishment cannot be given to police officers.
The Supreme Court has propounded this rule in State Bank of India vs. T.J. Paul and Vijay Singh vs. Government of Uttar Pradesh and others, that punishment which is not provided in the penal rules cannot be given.
Allahabad High Court has also made it clear while enunciating the rule of law in Surendra Kumar Singh vs. UP Government and others, Rajeev Kumar Tomar vs. UP Government and others and Satya Dev Sharma vs. UP Government and others that the police of subordinate category of UP Police Officials cannot be punished for withholding integrity.
After considering all the facts and principles of law, the High Court has enunciated in the law that Uttar Pradesh Police officers cannot be punished for withholding integrity.
