ISHWAR SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) In all the petitions legality of the termination orders ofthe petitioner passed by respondent, the Senior Superintendent of Police, contained in Annexurer-I have been questioned. The petitioners have also prayed for a writ, order or direction in the nature of mandamus commanding and directing the respondents not to disturb the petitioners during training period and allow them to appear in final examination.

(2.) Petitioners were selected on the post of constables in police department and after issuing their numbers they were sent for training by 'Rawangi Aadesh' on 18.10.2001 and since 20.10.2001 they were under training and on completion they were to appear in final examination. Petitioners have also rendered their services in the general elections held in the year 2002 for State legislative assembly. Under the provisions of the U.P. Temporary Government Servants (Termination of of Services) Rules, 1975, their services were terminated forthwith and they were to claim a swn equivalent to the amount of their pay plus allowances, if any for the period of the notice at the same rate on which they were drawing immediately before the termination of their services. Petitioners alleged that the orders of the termination have been passed arbitrarily and illegally without showing any cause against the provisions of Art. 311(2) of the Constitution of India and these being illegal and without jurisdiction need to be quashed.

(3.) The petitions have been resisted mainly on the ground that during the course of the recruitment certain information about their educational qualifications, conduct, character and antecedents and other relevant matters was required and the petitioners were also apprised that they should furnish true and correct information. The petitioner furnished the requisite information supported by an affidavit. On verification, however, it was found that the petitioners were involved/or have been prosecuted in criminal cases, information of which was suppressed deliberately. The relevant Government order which relate to the character verification etc. of the new incumbents in the service require that if any appointee furnished wrong and incorrect. information his recruitment/appointment may be cancel led/terminated/removed as the case may be. Since the services of the petitioners were merely temporary orders of termination in accordance with the U.P. Temporary Government Servants (Termination of Services) Rules, 1975, were passed and that the impugned orders are just, proper, iegal and within the jurisdiction of the appointing authority.