CHANDRA PRATAP SINGH Vs. STATE OF U P

JUDGEMENT

(1.) P. C. Verma, J. The petitioner has assailed the order dated 13-5-1996 ter minating his service from the post of Con stable of Pradeshik Armed Constabulary (PAC) in exercise of powers under the U. P. Temporary Government Servant (Ter mination of Services) Rules, 1975.

(2.) THE petitioner was initially recruited and enlisted as a Constable in Pradeshiya Armed Constabulary (PAC) at 26th Battalian Gorakhpur on 1-4-1992. After his enlistment he was sent for train ing at Recruits Training Centre, Chunar. After passing out successfully from the training center the petitioner was posted as Constable in 30th Battalion PAC, Gonda. THE petitioner has served about 3-1/2 years of his enlistment Le. initial date of recruitment when the impugned ter mination order was passed.

(3.) FROM perusal of the provisions of Para-541 of the Police Regulation it is clear that the said provision is not at tracted in the present case as it has been denied by the respondents that the petitioner was appointed on clear vacancy but it has been categorically oiated in the counter-affidavit that the petitioner was appointed against temporary vacancy. Further more clause (2) of Para 541 is attracted when the termination takes place during the probation period or at the end of the probation. In the present case the termination order has been passed after 3-1/2 years.