RAKESH YADAV Vs. STATE OF UP

JUDGEMENT

(1.) Through this writ petition the petitioner has prayed for issuing a writ of certiorari quashing the order dated 26.8.2007 passed by Superintendent of Police, District Azamgarh by which while invoking power given in Rule 8 (2) (b) of UP. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules 1991 (hereinafter referred to Rules of 1991) petitioner has been removed from service, on the ground that while entering in the service the petitioner has played a fraud by filing a false affidavit showing him to be other backward class (Ahir by caste).

(2.) While assailing the impugned order Sri Manoj Yadav learned counsel for the petitioner submitted that the aforesaid order has been passed totally on non existent ground as the petitioner's caste certificate was never sent for verification before respondent No. 6 and only a photostat copy of application for obtaining caste certificate was sent, on that report, the impugned order has been passed.

(3.) In the submissions of learned counsel for the petitioner the factum of the certificate has now been admitted by the respondents in their counter-affidavit. Therefore, the impugned order could not have been passed. He has also submitted that the power contained under Rule 8-(2) (b) is just like emergency power and it should not be invoked sparingly in the routine manner. He has also submitted that before passing the impugned order no opportunity of hearing was afforded to the petitioner. Had the opportunity was afforded to the petitioner he would have filed his reply in support of the caste certificate issued to him. He has further submitted that he belongs to backward class (Ahir by caste), therefore, also the impugned order is unsustainable.