Allahabad High Court quashes constable’s dismissal in a rare case where the lawyer daughter fought against her IG father’s order over molestation charges, ordering reinstatement and fresh inquiry.
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UTTAR PRADESH: A retired cop in Uttar Pradesh found his suspension order challenged and ultimately overturned by none other than his own daughter. In a case in the Allahabad High Court, an advocate, Anura Singh, successfully challenged a dismissal order issued by none other than her father, retired Inspector General of Police Dr. Rakesh Singh.
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Background
On January 13, 2023, Uttar Pradesh Police Head Constable Tofeek Ahmad was dismissed from service following allegations under the Protection of Children from Sexual Offences (POCSO) Act. The charges stemmed from an incident in which Ahmad was accused of molesting a girl who had arrived in Bareilly from Pilibhit by train.
The departmental inquiry led to a termination order on December 11, 2023, signed by then IG Bareilly Range Dr. Rakesh Singh, citing the severity of the accusations. Ahmad’s departmental appeal was rejected, sealing his exit from service.
Unwilling to accept the decision, Ahmad filed Writ-A No. 10159 of 2025 before the Allahabad High Court, this time with advocate Anura Singh on his side. Singh’s own father had been the appellate authority behind the dismissal.
The Petitioner’s Argument
Advocate Anura Singh argued that the inquiry officer exceeded his jurisdiction. Under Rule 14(1) and Appendix I of the U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991, inquiry officers are prohibited from recommending specific punishments; their role is to determine whether charges are proven, not to suggest disciplinary outcomes.
Singh relied heavily on the precedent set in Balbir Singh v. State of U.P. (2019), where the court had invalidated a similar recommendation from an inquiry officer.
Court’s Observations and Judgment
Justice Ajit Kumar noted that the inquiry officer’s April 14, 2023, report not only found Ahmad guilty but also recommended dismissal, a move that directly violated the 1991 Rules.
The Court cited multiple Supreme Court rulings, including:
- Krishna Rai (Dead) v. Banaras Hindu University (2022)
- Tata Chemical Ltd. v. Commissioner of Customs (2015)
- Vijay Singh v. State of U.P. (2012)
These cases reinforced the principle that statutory powers must be exercised strictly within their legal boundaries, and punishments outside prescribed rules are invalid.
On July 31, 2025, the Court quashed both the inquiry report dated April 14, 2023, and the dismissal order dated December 11, 2023, ordering Tofeek Ahmad’s reinstatement to the position he held before termination, while granting the department the liberty to conduct a fresh inquiry through a newly appointed inquiry officer, to be completed within three months.
The Court stressed that the disciplinary authority had failed to independently evaluate the case, instead relying on the inquiry officer’s overstepping recommendation.
Despite the family connection, both sides maintained that the matter was purely professional. Dr. Rakesh Singh said,
“My daughter’s victory is a big thing. There must have been some lapses in the police investigation.”
Advocate Anura Singh said,
“I was fighting for my client as a lawyer. My father represented the government.”
Ahmad, for his part, admitted he was unaware of the personal connection between the officer who upheld his dismissal and the lawyer who fought to overturn it.
Case Title:
Tofeek Ahmad vs The State Of U.P. And 4 Others
WRIT – A No. – 10159 of 2025
READ ORDER HERE
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