23 Dec 2015
Order issued
ConcludedThe Allahabad High Court upheld service punishment imposed on police personnel.
Disciplinary action · Procedural only.
Source: Writ Petition Nos. 53 (S/S) and 56 (S/S) of 2010
Not yet re-checked.
CW-2015-0013Sitapur, Uttar PradeshJudgment 23 December 2015
Misrikh Police Constable, Civil Police and others v. State of U.P. and Others with [name withheld] v. State of U.P. and Others
The Allahabad High Court (Lucknow Bench) dismissed the writ petitions of two constables and a sub-inspector of Police Station Misrikh, Sitapur, upholding their dismissal from service under clause (a) of the second proviso to Article 311(2) read with Rule 8(2)(a) of the U.P. Police Subordinate Ranks (Punishment and Appeal) Rules 1991. The dismissals rested on their conviction and life sentences by the Additional Sessions Judge/FTC Sitapur on 7 August 2008 with eleven other police officers for the 10 February 1981 Sarsai encounter in which a Misrikh man, a Misrikh man and a Misrikh resident were killed, which the Court described as an alleged fake encounter and murder by the police party. The Court held a Section 302 convict should not be reinstated till absolved in appeal and that pendency of Criminal Appeal No. 1853 of 2008 does not bar dismissal. Matters not addressed in the cited judgment text are not recorded here.
Externally reportedV2
What this record means
This page documents a court-adjudicated case from the judgment and cited sources below. Findings are attributed to the court; this record does not add findings of its own.
How verification works →Detailed record
Report card
By judgment dated 23 December 2015 in Writ Petition Nos. 53 (S/S) and 56 (S/S) of 2010, the Allahabad High Court (Coram: Devendra Kumar Arora, J.) upheld the disciplinary action taken against 3 police personnel, namely: Constable, Civil Police, Police Station Misrikh, Sitapur; Constable, Civil Police, Police Station Misrikh, Sitapur; Sub-Inspector, Civil Police, Police Station Misrikh, Sitapur.
- Register number
- UP 34 CW 0001
- Case reference
- Writ Petition Nos. 53 (S/S) and 56 (S/S) of 2010
- Court and date
- Allahabad High Court (Coram: Devendra Kumar Arora, J.), 23 December 2015
- Officer(s) at the material time
- Constable, Civil Police, Police Station Misrikh, Sitapur; Constable, Civil Police, Police Station Misrikh, Sitapur; Sub-Inspector, Civil Police, Police Station Misrikh, Sitapur
- Present service status
- Recorded in the cited sources as dismissed from service.
- Provisions invoked
- Section 147 of the Indian Penal Code, 1860; Section 148 of the Indian Penal Code, 1860; Section 149 of the Indian Penal Code, 1860; Section 218 of the Indian Penal Code, 1860; Section 302 of the Indian Penal Code, 1860
- Finding of the Court (extract)
- “A person convicted under Section 302 of the Indian Penal Code should not be reinstated in service till he is absolved in appeal.”
- 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.
Compiled from the judgment and the cited sources. Findings are those of the court; this card adds none of its own.
Current position
The Allahabad High Court judgment dated 23 December 2015 is the concluded position shown in the cited sources.
Evidence position
Recorded allegations
OtherPrimary
Material fact supported
Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.
Official finding: supports allegation.
Attributed to the court
What the court found
Holding not recorded separately.
“A person convicted under Section 302 of the Indian Penal Code should not be reinstated in service till he is absolved in appeal.”
Separate from verification
Institutional response
Continuing record
Follow-up history
19 Sep 2026
(Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass; skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl))
Corrections (0): No corrections recorded.
Review: Solo Staff combined review (one combined attestation) — not yet recorded.