(1.) THE Petitioner was recruited and appointed a police constable (woman) on 27 -1 -88 she was given necessary training, after training she was sent for further training to Shahjahanpur on 3 -4 -89 to 19 -4 -90. It is stated that petitioner undertook practical training and she was ordered to be posted initially for a period of four months in rural areas police stations. After the requisite period of four month work in the rural area the recruits were to be posted in urban area police stations. The order dated 23 -5 -90 Annexure (1) to the writ petition shows that petitioner's name is shown at Serial No. 1 in the said list for being posted as Constable. The petitioner worked at Mughalsarai from 23 -5 -90. An order was passed by the Senior Superintendent of Police, Varanasi dated 5 -11 -90 by which her services were terminated It was specifically stated in the paragraph 10 of the petition that before passing orders for termination no notice or show cause was given to the petitioner. The order of termination appears to have been passed under the provisions of U.P. Temporary Government Servants Service Rules, 1975. The order of termination speaks that the services of the petitioner are no more required, she was stated to be entitled one months salary in lieu of one months notice. The petition has been filed mainly on the ground that the order of termination was passed in violation of rule of natural justice, also for noncompliance of provisions of Paragraph No. 541 of the Police Regulations. The Paragraph 541 of the Police Regulations are quoted as under:
(2.) A counter has been filed on behalf of the State. It has been stated that the petitioner was not a suitable person to be retained in the Police force. She was sent for training at J.T.C. Training Centre at Varanasi on 2 -2 -89, again petitioner was sent for Recruit Training Centre at Shahjahanpur on 3 -4 -89 for a period of NINE months she failed in the indoor examination and was given another opportunity and was detained for training for three months. She again failed in the supplementary examination and remained for training till 19 -4 -91 petitioner was unsuccessful in the training in Shahjahanpur. After training she was sent back to Varanasi to report. The result of the recruits is sent to the I.G. Training Lucknow for declaration. Since petitioner had failed in indoor examination and training centre at Shahjahanpur in the normal course the Senior Superintendent of Police had passed orders for training alongwith other recruits. The examination result was not received by the Police at Varanasi from Lucknow. In these circumstances she was permitted to joint. It is stated that it was only after the letter of the Senior Superintendent of Police, Shahajhanpur dated 25 -5 -90 to the Senior Superintendent of Police of Varanasi that petitioner had failed in the indoor examination and also the supplementary examination the order impugned was passed.
(3.) AFTER hearing the learned counsel for the petitioner and standing counsel for the State I am of the view that the order of termination passed by the respondents is liable to be quashed. The writ petition succeeds and is allowed, the impugned order dated 5 -11 -90 passed by the Senior Superintendent of Police Varanasi in quashed. The petitioner shall be entitled to all consequential benefits, emoluments etc. payable to her for the period she was out of job. She shall be reinstated within two weeks from the filing of the certified copy of this order. The entire back salary etc, shall be paid within next three months. Parties shall bear costs.