VIJAY SINGH versus STATE OF U.P. & ORS.

VIJAY SINGH versus STATE OF U.P. & ORS.

Punishment of withholding integrity certificate is not provided for under the U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991; therefore, any order by disciplinary authority withholding integrity certificate as punishment for delinquency is without jurisdiction and is a nullity.

Parties
Appellant: Vijay Singh; Respondents: State of U.P. & Ors.
Jurisdiction
India
Judgment Date
13 April 2012
Procedural Posture
Civil Appeal / Decision on Appeal From High Court's Dismissal of Writ Petition
Outcome
appeal allowed
Legal Topics
Disciplinary Proceedings, Statutory Interpretation, Punishment for Delinquency, Integrity Certificate
Service Law Administrative Law Disciplinary Proceedings Statutory Interpretation Punishment for Delinquency Integrity Certificate

Case Brief

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Parties

Vijay Singh

Appellant

State of U.P. & Ors.

Respondents

Procedural Posture

Civil Appeal / Decision on Appeal From High Court's Dismissal of Writ Petition

Legal Issues

  1. 1 Whether disciplinary authority can impose a punishment not prescribed under statutory rules
  2. 2 Whether withholding integrity certificate constitutes a punishment under the U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991

Ratio Decidendi

Punishment of withholding integrity certificate is not provided for under the U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991; therefore, any order by disciplinary authority withholding integrity certificate as punishment for delinquency is without jurisdiction and is a nullity.

Court Disposition

appeal allowed

Orders

  • Impugned order dated 8.7.2010 withholding integrity certificate for the year 2010 and all subsequent orders quashed.
  • Respondents directed to consider appellant's case for all consequential benefits including promotion afresh, in accordance with law.