STATE OF UTTAR PRADESH Vs. RAJENDRA KUMAR SINGH

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the order dated 22/7/1992 passed by the High court of Allahabad, Lucknow bench, Lucknow in wp no. 4651 of 1992. Respondent 1 (hereinafter to be referred to as the respondent) was given a temporary appointment as a Constable in the Uttar Pradesh Police Force. There is no dispute that such temporary appointment had been given on 1/5/1982 and the respondent continued without being confirmed till his service was terminated on 4/11/1987.

(3.) The order of termination of service was challenged by the respondent before the Services tribunal of U. P. under the provisions of the U. P. Temporary government Servants (Termination of Services) Rules, 1975. The tribunal inter alia came to the finding that the order of termination was passed as a penal measure without following the procedure of disciplinary proceeding and accordingly set aside the order of termination. The said order was thereafter challenged in the writ petition before the Lucknow bench of the Allahabad High court. By the impugned judgment, the writ petition has been dismissed.