OM PRAKASHSHARMA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The petitioner was a SubInspector of Police in the U.P. Police Force and was demoted as a Head Constable. The cases of U.P. Police Officers were examined by this Court on an earlier occasion and in terms of the Court's direction the U.P. Government created supernumerary posts to accommodate reverted police officers on their being restored to their former position subject to certain conditions. The petitioner maintains that his reversion was bad and he should have been restored to his position as Sub Inspector as has been done in cases of his collegues and the basis on which promotion has been refused to him is not tenable in law.

(2.) An order was made by this Court on 12-10-1990 to the following effect:-

(3.) In response to the direction made in that order, learned Senior Counsel for the State of Uttar Pradesh produces the relevant file where the material against the petitioner is said to be contained. He states that there is no other material apart from what is available in that file. We have perused the record and are satisfied that there is no tenable material which can justify the benefit to the petitioner being withheld. The petition is allowed and the petitioner is directed to be restored to the post of Sub Inspector.