PARAM HANS SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition was heard along with Civil Misc. writ petition Nos. 47781, 47785, 47793, 48529. 48844, 48912, 49015, 49241 and 49242 of 1999.

(2.) Pacts relevant for disposal of this writ petition and other connected matters are that an advertisement was published in daily newspaper dated 8.4.1997 notifying a selection for the posts of Excise Constables in the Excise Department of the State of Uttar Pradesh. A selection committee consisted of four officers of the Excise Department considered the cases of the applicants including the petitioner taking their height measurement as also measurement of chest before and after expansion. Petitioner along with several other candidates were found fit and eligible and names of such selected candidates were notified by order dated 28.8.1997. Upon due compliance of further requirements including medical certificate by the Chief Medical Officer, appointment letters were issued to the selected candidates Including the petitioner and thereupon the petitioner Joined on the post of excise constable on 30.8.1997 and was continuously working thereafter.

(3.) On 15.1.1998 the Deputy Excise Commissioner, Kanpur Division, Kanpur Nagar, issued a communication that the petitioner and several other Excise Constables were required to be present at the office of the Excise Commissioner, U. P., for physical examination on 20.1.1998. Petitioner duly appeared accordingly and was subjected to a fresh physical verification. After the lapse of almost one and a half years, the Deputy Excise Commissioner, Kanpur Division issued a notice on 7.10.1999 to show cause as to why his services be not terminated. The notice had a recital that in the physical examination conducted on 20.1.1998, the chest measurement of the petitioner was found to be 79.5 cm. and upon expansion was found to be 84.5 cm. which was less than the required measurement of 81.3 cm. and 86.4 cm. as specified in Rule 13 Of the U. P. Excise Constables. Drivers and Tart Supervisors Services Rules. 1983. Petitioner submitted a detailed reply on 5.11.1999. Final order was passed on 6.11.1999 by the Deputy Excise Commissioner, Kanpur Division, Kanpur Nagar terminating the services of the petitioner. Challenging the said order the present writ petition was filed. Respondents filed counter-affidavit.