Ram Charit Pandey vs State Of U.P. And Another on 19 February, 1999
The submission made by the learned counsel for the petitioner to the effect that no guideline was provided either under Regulation 478 or under U. P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 also cannot be accepted. In view of the fact that in Regulation 478A it has specifically been provided that punishment noted at (bc) may be awarded to an officer concerned after giving him notice to show cause as to why the misconduct entry as proposed should not be made in his character roll and further the said punishment may also be awarded when departmental proceedings vide paragraph No. 490 to 494 are taken initially with a view to awarding one of the punishments noted at (a), (b), (ba) and (bb) and the punishing authority ultimately consider it sufficient to award only former as a less severe punishment. Regulations 490 to 494 of U. P. Police Regulations provide exhaustive procedure and guideline for awarding punishment. Similarly Rule 5 of U. P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 provides procedure for awarding punishment. It has been provided that the case in which minor penalties mentioned in sub-rules (2) and (3) of Rule 4 may be awarded shall be dealt with in accordance with the provisions laid down in Rule 15. Rule 15 in term provides procedure for awarding minor punishment. The minor punishment is to be awarded in summary manner after informing police officer verbally of the act or omission of which it is proposed to punish him and giving him an opportunity to make verbal
representation, therefore. the submission made by the learned counsel for the petitioner that no guideline was at all provided for awarding the punishment of censure cannot be accepted.