MAHENDRA KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition is directed against an order dtd. 1/6/2021, passed by Superintendent of Police, Unnao, whereby petitioner's selection on the post of Constable in U.P. Police has been cancelled on the ground of misrepresentation. It is observed in the order that petitioner secured appointment by claiming benefit of reservation meant for dependent of Freedom Fighter but upon verification it has transpired that he does not belong to such category. U.P. Police Recruitment and Promotion Board (hereinafter referred to as the 'Board') recommended cancellation of petitioner's appointment on the ground of misrepresentation. A notice accordingly was issued to petitioner in reply to which the petitioner admits that he is not a dependent of Freedom Fighter and that by mistake of Computer Operator, who had filled petitioner's application form, such reservation was claimed. Since petitioner has otherwise not secured marks above the cut off in the respective category therefore appointment obtained on the strength of misrepresentation has been cancelled. Thus aggrieved the petitioner is before this Court.

(2.) It is urged that petitioner has not made any misrepresentation and having worked for five years without any complaint his appointment cannot be cancelled without holding any disciplinary enquiry. Reliance is also placed upon interim orders passed by this Court in Writ Petition Nos.9937 of 2021 and 9928 of 2021.

(3.) While entertaining the writ petition time was granted to learned Standing Counsel to obtain instructions. Written instructions signed by the Additional Secretary of the Board are placed before the Court and are taken on record. This Court on 26/8/2021 directed learned Standing Counsel to furnish a copy of the instructions to the counsel for the petitioner also.