LAWS(ALL)-2011-5-138

RAM LAKHAN TIWARI Vs. SUPERINTENDENT OF POLICE KANPUR

Decided On May 13, 2011
RAM LAKHAN TIWARI Appellant
V/S
SUPERINTENDENT OF POLICE Respondents

JUDGEMENT

(1.) We have heard Sri Ajay Kumar Srivastava, learned Counsel for the Petitioner. Learned standing counsel appears for the Respondents.

(2.) This writ petition was filed in the year 1986 against the order of the State Public Services Tribunal, dismissing the claim petition No. 66 (F)/V/1980 dated 20.10.1984, against an order passed by the Senior Superintendent of Police, Kanpur Nagar dated 23.11.1977, terminating Petitioner from service..

(3.) The Petitioner joined the civil police in U.P. as Constable on 1.2.1976. The Senior Superintendent of Police, Kanpur vide his order dated 23.11.1977, terminated his services with entitlement of one month salary in lieu of notice under the U.P. Temporary Governments (Termination of Service) Rules 1975. The Petitioner challenged the order in the Tribunal, on the ground that he was a permanent employee and that there was nothing on record, which could be treated as a ground for forming an opinion that his services were not satisfactory. In fact an FIR was lodged against him alleging that he has filed a forged Transfer Certificate of a Junior High School. The FIR was the basis of terminating the services of the Petitioner/The order was stigmatic and punitive in nature.