# U.P. Police Constable v. State of Uttar Pradesh and Others

HTML version: [https://datalibertarian.in/babuwatch/incident/CW-2015-0030](https://datalibertarian.in/babuwatch/incident/CW-2015-0030)

## Report card

By judgment dated 21 July 2015 in Special Appeal No. 1905 of 2010, the Allahabad High Court (Coram: Rajes Kumar, S.B. Singh, JJ.) upheld the disciplinary action taken against the Constable, U.P. Police (Police Department).

- Register number: UP 00 CW 0004
- Case reference: Special Appeal No. 1905 of 2010
- Court and date: Allahabad High Court (Coram: Rajes Kumar, S.B. Singh, JJ.), 21 July 2015
- Officer(s) at the material time: Constable, U.P. Police (Police Department)
- Present service status: Not ascertained from the cited sources.
- Provisions invoked: the Rule 8(2)(a), U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991; Article 311(2) second proviso cl. (a) of the Constitution of India
- Finding of the Court (extract): “A bare perusal of proviso of Rule 8 makes it clear that the Police personnel can be dismissed or removed on the ground of conduct which has led to his conviction on criminal charges even without any disciplinary proceeding being …” (at para 6)
- Verdict, sentence and quantum: Disciplinary action upheld. Sentence: dismissal.
- Present status of the proceedings: No further proceedings are recorded in the cited sources; the judgment is the concluded position shown.
- Source orders: [Judgment / order (primary source)](https://www.courtkutchehry.com/judgements/354455/mahendra-kumar-gaud-appellant-hash-state-of-uttar-pradesh-and-others-respondent/); [Permanent link to this record](https://datalibertarian.in/babuwatch/incident/CW-2015-0030)

**Record:** CW-2015-0030 (compiler id CWC-0965); case GAP3-6-005
**Title:** U.P. Police Constable v. State of Uttar Pradesh and Others
**Court:** Allahabad High Court; judges: Rajes Kumar; S.B. Singh
**Case number / citation:** Special Appeal No. 1905 of 2010
**Judgment:** 2015-07-21 (2015, day precision)
**Incident date:** Not stated
**Place:** Uttar Pradesh; police station or unit: U.P. Police (Police Department); force: state_police
**Category:** Other misconduct
**Sub-category:** other
**Outcome:** Disciplinary action upheld (disciplinary_upheld)
**Sections:** Rule 8(2)(a), U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991; Constitution Art. 311(2) second proviso cl. (a)
**Officers (gated display forms):** Constable, U.P. Police (Police Department) (1 in record)
**Victims:** Not stated (0 in record)
**Sentence / compensation:** dismissal
**Sentence type:** dismissal (dismissal)

The Allahabad High Court (Division Bench, 21 July 2015) dismissed Special Appeal No. 1905 of 2010 and sustained the dismissal dated 7 September 2002 of police Constable under Rule 8(2)(a) of the 1991 Rules, imposed on the ground of conduct leading to his trial-court conviction for murder and life sentence. The Court recorded that the appellant's writ petition (No. 70001 of 2009) had already been dismissed by the single Judge on 20 July 2010 following S. Nagoor Meera (AIR 1995 SC 1364). The Court held there was no substance in the plea that a stay of sentence in the pending criminal appeal entitled him to reinstatement, since the conduct underlying the conviction was not stayed. The special appeal accordingly failed and was dismissed, with no compensation ordered; this judgment does not itself adjudicate the murder charge.

> A bare perusal of proviso of Rule 8 makes it clear that the Police personnel can be dismissed or removed on the ground of conduct which has led to his conviction on criminal charges even without any disciplinary proceeding being contemplated. Therefore, exercise of power dismissing the appellant on the ground of conduct which has led to his conviction on criminal charges cannot be said to be illegal.

**Sources (1):** [courtkutchehry.com](https://www.courtkutchehry.com/judgements/354455/mahendra-kumar-gaud-appellant-hash-state-of-uttar-pradesh-and-others-respondent/)
**Verification:** V2 · Externally reported
**Review:** Solo Staff combined review (one combined attestation) — not yet recorded
**admin category:** misconduct
**admin subcategory:** other
**allegations:** {'category': 'Other', 'primary': True, 'position': 'Material fact supported', 'position_explainer': 'Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.', 'official_finding_relation': 'supports allegation'}
**anonymised:** False
**court quote para:** 6
**display title redacted:** U.P. Police Constable v. State of Uttar Pradesh and Others
**followup history:** {'date': '2026-09-19', 'scope': 'Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass', 'method': 'skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl)', 'result': 'holds', 'corrections_applied': \['sections'\]}
**followup status:** checked
**institutional response:** {'date': '2015-07-21', 'action_type': 'Order issued', 'status': 'Concluded', 'authority': 'Allahabad High Court', 'independence': 'External', 'legal_effect': 'Binding', 'description': 'The Allahabad High Court upheld service punishment imposed on police personnel.', 'disposition': 'Disciplinary action · Procedural only', 'source': 'Special Appeal No. 1905 of 2010', 'recheck': 'Not yet re-checked.'}
**last checked:** 2026-09-19
**link checked per url:** {'url': 'https://www.courtkutchehry.com/judgements/354455/mahendra-kumar-gaud-appellant-hash-state-of-uttar-pradesh-and-others-respondent/', 'link_checked': None}
**retracted:** {"is_retracted": false}
**service:** police
**source assessment:** {"established": null, "basis": null}
**status:** current
**subcategory display:** other
**tier:** Tier A — Externally reported or officially recorded
**tier badge:** Externally reported
**tier history:** Tier A — Externally reported or officially recorded
**verdict:** accept
**verdict note:** Special Appeal dismissed; constable's dismissal after murder conviction (Rule 8(2)(a)) sustained.
**verification badge:** V2 · Externally reported
**verification status:** V2
**watch:** babuwatch

Status: Disciplinary action upheld.

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