Allahabad High Court
Ashif Ali vs State Of Up And 4 Others on 13 December, 2019
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. - 18 Case :- WRIT - A No. - 11663 of 2018 Petitioner :- Ashif Ali Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Hari Narayan Singh Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri Devesh Vikram, learned Standing Counsel for the State respondents.
Petitioner was working as Constable in Uttar Pradesh Police. He is aggrieved by orders dated 26.02.2018, 28.11.2017 and 17.09.2017 passed by respondent nos.3, 4 and 5 respectively, whereby, censure entry has been given to the petitioner after inquiry is conducted in the matter and the same was approved by the Appellate Authority.
Learned counsel for the petitioner states that so far as censure entry is concerned, the same was inflicted on 17.10.2014 and admittedly five years period has elapsed and there is no other adverse entry against the petitioner. In support of his submission, he has placed reliance on Government Order dated 30.06.1993, which provides that censure entry shall not be looked into, in case no adverse entry has been awarded within five years of the said entry from the date of incident.
Learned Standing Counsel has not disputed the factual and legal aspect of the matter.
So far as the Government Order dated 30.06.1993 is concerned, the relevant paragraph 2 (2) (Sa) provides as under:-
"A perusal of the Government Order dated 30.06.1993 (Annexure-3 to the writ petition) reveals that it defines satisfactory service for the purpose of confirmation, crossing of efficiency bar, grant of time scale as well as deduction of pension as per the provisions of Article 470 (B) of CSR. For ready reference, para 2(2)(c) of the Government Order dated 30.06.1993 reads as under:-
"¼l½ ;fn ml vof/k esa] ftlds lsokfoys[k mijkDrkuqlkj fopkj {ks= esa vkrs gksa] dksbZ fuUnk izfof"V fo|eku gks vkSj ml fuUnk izfof"V ls lacaf/kr ?kVuk dh frfFk ds ckn ls gh vxys ikap o"kZ dh vof/k esa dksbZ vU; izfrd`rrk ;Fkk izfrdwy izfof"V] n.M vkfn u gks rks ml fuUnk izfof"V dks larks"ktud lsok ds ewY;kadu gsrq fopkj esa u fy;k tk;s vFkkZr mls utjkUnkt dj fn;k tk;sA"
Para 2(2)(c) of the said Government Order talks that if there is any censure entry with regard to an incident and after lapse of five years of the incident, there is no other adverse entry then the said entry will not be taken into consideration and will be ignored at the time of considering the satisfactory service. The Government Order is also for determination of satisfactory service for the purpose of confirmation, crossing of efficiency bar, grant of time scale as well as deduction of pension as per the provisions of Article 470 (B) of CSR.
In the present case, admittedly five years period has lapsed from the date of occurrence and as such, the arguments advanced by learned counsel for the petitioner has substance.
Accordingly, the writ petition is disposed of with the direction to the authority concerned to accord actual benefit as is admissible to the petitioner, after expiry of five years period from the date of incident. The said exercise is to be done within the period of two months from the date of production of certified copy of this order.
Order Date :- 13.12.2019 A.Pandey