Allahabad High Court has canceled the order of demoting Deputy Superintendent of Police/Deputy SP Lakshmi Singh Chauhan to the post of Police Inspector, terming it illegal. Order has been given to reinstate the petitioner to the post of Deputy SP. The court has also canceled the Public Service Commission’s recommendation to make the petitioner an Inspector from Deputy SP. Justice Ajit Kumar has given this order after listening to the arguments of advocate Vijay Gautam.
In the year 2019, Lakshmi Singh Chauhan was working as an inspector in Ghaziabad. On September 25, 2019, Deputy SP Sahibabad Rakesh Kumar Mishra lodged an FIR in Ghaziabad against Lakshmi and 6 other police personnel. A case was registered against him under Section 409 of IPC and 7/13 Prevention of Corruption Act at Link Road police station in Ghaziabad.
Police filed charge sheet on 1 January 2020
The allegation against all of them was that Noida resident Rajiv Sachan was arrested with Rs 31 lakh and Aamir was arrested with Rs 14 lakh 81 thousand five hundred. During interrogation, Rajeev Kumar said that around Rs 55 lakh was recovered from his possession and Aamir said that around Rs 60-70 lakh was recovered from him.
There was a difference of about Rs 70-80 lakh between the amount recovered and the amount stated by the accused during interrogation. In this case, on January 1, 2020, the police filed a charge sheet under Section 409/411, 7/13 Prevention of Corruption Act against all the 6 other policemen including the petitioner.
Criminal revision filed in High Court
Advocate Vijay Gautam appeared in the court on behalf of the petitioner inspector. He told that the discharge application was filed after the charge sheet was filed in the Special Judge Prevention of Corruption Act, Meerut. On this, Special Judge, Prevention of Corruption Act, Meerut passed an order on 2 September 2021 and discharged the petitioner and 6 other policemen from Section 7/13 Prevention of Corruption Act.
After that, a criminal revision was filed in the High Court against the said discharge order by the government. In this, the High Court issued notice to the petitioner on 10 December 2021. Also, the order of Special Court Prevention of Corruption Act, Meerut was postponed till further orders.
Promoted to the post of Deputy SP on 29 August 2023
The advocate told the court that on April 23, 2022, 33 inspectors of the petitioner’s batch were promoted to the post of Deputy SP. Due to the criminal case of the petitioner being pending, he was not given promotion to the post of Deputy SP. Inspectors junior to the petitioner were also promoted to the post of Deputy SP.
As per the government order, the High Court directed to take a decision on the promotion of the petitioner. After this, on 29 August 2023, the petitioner was promoted to the post of Deputy SP by the Uttar Pradesh Government. Also, under the promotion order, the petitioner took charge of the post of Deputy Superintendent of Police in Agra on 30 August 2023.
Promotion order canceled on 11 June 2024
After working on the post of Deputy SP for 9 months, on June 11, 2024, on the orders of the Special Secretary Home, his promotion order to the post of Deputy SP was cancelled. After this he was made Inspector. This order was passed on the basis of the recommendation of Uttar Pradesh Public Service Commission.
The petitioner challenged the order of the Home Department in the High Court. The court has directed the top officials of the government and police that the petitioner will be promoted to the post of Deputy SP. This promotion will depend on the decision of the proceedings pending against him as Deputy Superintendent of Police.