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2017 DIGILAW 835 (ALL)

SUBODH SINGH v. STATE OF U. P.

2017-03-23

RAVINDRA NATH MISHRA II, SUDHIR AGARWAL

body2017
JUDGMENT By the Court.—Heard Sri Manish Misra, learned counsel for petitioner and learned Standing Counsel for respondents. 2. This writ petition under Article 226 of Constitution of India has been filed by State of U.P. and its authorities assailing judgment and order dated 10.2.2005 passed by State Public Services Tribunal, Lucknow (hereinafter referred as “Tribunal”) dismissing Claim Petition No. 105/V/1992 filed by claimant-respondent 3. Claimant-petitioner, Subodh Singh, was appointed as Constable in U.P. Police Force and vide order dated 13.12.1991 was terminated by Superintendent of Police, Mathura in purported exercise of power under U.P. Temporary Government Servant (Termination of Service), Rules, 1975 (hereinafter referred to as “Rules 1975”). 4. A Full Bench judgment of this Court in the case of State of U.P. v. Rajendra Singh and another, has held that Rules 1975 are not applicable to members of police force who are governed by Regulations framed under the Police Act, 1861. 5. In the present case, claimant-petitioner was appointed as Constable after due recruitment and if that be so, procedure laid down under Police Regulations have to be followed. 6. It is further contended that even otherwise since petitioner was probationer he could not have been terminated without following Regulation 541. Full Bench has also said that as if probationer Constable is terminated, Regulation 541 is to be followed. 7. In view of above writ petition is allowed. Impugned order passed by Tribunal is hereby set aside as well as termination order is hereby set aside. Petitioner shall be entitled for all consequential benefits.