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

HTML version: [https://datalibertarian.in/babuwatch/incident/CW-2017-0016](https://datalibertarian.in/babuwatch/incident/CW-2017-0016)

## Report card

By judgment dated 2 March 2017 in Writ-A No. 11464 of 2010, the Allahabad High Court (Coram: Dilip Gupta, Siddhartha Varma, JJ.) upheld the disciplinary action taken against the Constable, U.P. Police, Saharanpur.

- Register number: UP 11 CW 0001
- Case reference: Writ-A No. 11464 of 2010
- Court and date: Allahabad High Court (Coram: Dilip Gupta, Siddhartha Varma, JJ.), 2 March 2017
- Officer(s) at the material time: Constable, U.P. Police, Saharanpur
- Present service status: Recorded in the cited sources as dismissed from service.
- Provisions invoked: Regulation (disciplinary inquiry) of the U.P. Police Regulations, 1861
- Finding of the Court (extract): “We, therefore, do not find any substance in the submission advanced by the learned counsel for the petitioner that the punishment imposed upon the petitioner was disproportionate to the charge levelled against him.” (at para 25)
- 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/356048/jagpal-singh-rathi-vs-uttar-pradesh-state-public-service-tri/); [Permanent link to this record](https://datalibertarian.in/babuwatch/incident/CW-2017-0016)

**Record:** CW-2017-0016 (compiler id CWC-0961); case GAP3-6-001
**Title:** U.P. Police Constable v. State of U.P. and Others
**Court:** Allahabad High Court; judges: Dilip Gupta; Siddhartha Varma
**Case number / citation:** Writ-A No. 11464 of 2010
**Judgment:** 2017-03-02 (2017, day precision)
**Incident date:** 1992-05-08 (1992)
**Place:** Saharanpur, Uttar Pradesh; city town: Saharanpur; police station or unit: U.P. Police, Saharanpur (relieved for Refresher Course, Police Training Centre Moradabad); force: state_police
**Category:** Other misconduct
**Sub-category:** other
**Outcome:** Disciplinary action upheld (disciplinary_upheld)
**Sections:** U.P. Police Regulations, 1861 (disciplinary inquiry)
**Officers (gated display forms):** Constable, U.P. Police, Saharanpur (1 in record)
**Victims:** Not stated (0 in record)
**Sentence / compensation:** dismissal
**Sentence type:** dismissal (dismissal)

The Allahabad High Court (Division Bench, 2 March 2017) dismissed the writ petition of U.P. Police Constable, posted at Saharanpur, who had been dismissed from service on 28 January 1994 after remaining unauthorisedly absent for 503 days from 8 May 1992 instead of joining a Refresher Course at the Police Training Centre, Moradabad. The Court noted the enquiry officer had disbelieved his private medical reports since he had not been examined at a district hospital as the regulations required. The Court held there was no substance in the plea that dismissal was disproportionate to the charge of such prolonged absence. The appellate rejection (27 July 1994) and the U.P. Public Services Tribunal's dismissal of Claim Petition No. 1287 of 1995 (1 December 2009) were left undisturbed, and no compensation was ordered. Matters not addressed in the cited judgment text are not recorded here.

> We, therefore, do not find any substance in the submission advanced by the learned counsel for the petitioner that the punishment imposed upon the petitioner was disproportionate to the charge levelled against him.

**Sources (1):** [courtkutchehry.com](https://www.courtkutchehry.com/judgements/356048/jagpal-singh-rathi-vs-uttar-pradesh-state-public-service-tri/)
**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:** 25
**display title redacted:** U.P. Police Constable v. State of U.P. 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': \[\]}
**followup status:** checked
**institutional response:** {'date': '2017-03-02', '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': 'Writ-A No. 11464 of 2010', 'recheck': 'Not yet re-checked.'}
**last checked:** 2026-09-19
**link checked per url:** {'url': 'https://www.courtkutchehry.com/judgements/356048/jagpal-singh-rathi-vs-uttar-pradesh-state-public-service-tri/', '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:** HC dismissed writ; constable's dismissal for 503 days' unauthorised absence sustained.
**verification badge:** V2 · Externally reported
**verification status:** V2
**watch:** babuwatch

Status: Disciplinary action upheld.

[Open CW-2017-0016](https://datalibertarian.in/babuwatch/incident/CW-2017-0016)