TEJVEER SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Adarsh Bhushan holding brief of Sri Ashok Khare, Senior Advocate appearing for the petitioner and learned Standing Counsel for the State respondents. Pleadings have been exchanged between the parties and with the consent of the learned counsel for the parties, this petition is being disposed of finally under the Rules of Court.

(2.) The case of the petitioner as set out in the writ petition is that he was an applicant for recruitment as a constable in civil police in pursuance of an advertisement issued in 2004. After being selected, he was required to file an affidavit indicating whether he was ever involved in a criminal case or not. Petitioner accordingly filed an affidavit in the year 2005 categorically stating that no criminal case was registered or pending against him. Subsequent to the recruitment and posting in the process of character verification, a report dated 30.7.2007 was received from the Senior Superintendent of Police, Bulandshahr in which it was mentioned that the petitioner was involved in criminal case No. 126 of 1999 under Sections 323, 504 and 506 I.P.C. read with Section 3(1)(x) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act. On the basis of the said report, the services of the petitioner was terminated by order dated 11.8.2007 passed by the respondent No. 2 Senior Superintendent of Police, Budaun.

(3.) Petitioner approached this Court by filing writ petition No. 1644 of 2008 which was disposed of vide order dated 11.1.2008 directing the Senior Superintendent of Police, Bulandshahr where the alleged criminal case was registered against the petitioner, to decide the representation. In the said judgment, it was noticed by the Court that since the petitioner categorically states that he had no knowledge of the criminal case having been registered against him which was a pure question of fact, the same was to be considered and decided by the Senior Superintendent of Police, Bulandshahr. In compliance of the order, the Senior Superintendent of Police, Bulandshahr considered the representation of the petitioner and forwarded a report on 7.3.2008 to Senior Superintendent of Police, Budaun who had passed the order terminating the services of the petitioner.