LAWS(ALL)-2012-12-69

SURESH KUMAR Vs. STATE OF U.P.

Decided On December 04, 2012
SURESH KUMAR Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) The petitioner was appointed as a Constable under a sports quota pursuant to the G.O. dated 2.1.1999 which permitted certain relaxation in the Rules for appointment of constables under the sports quota. The petitioner, being athletic, and having a medal in high jump applied for the post of the constable and was selected and was given an appointment on 17.3.2006. On 14th May, 2010, after more than four years, the petitioner was issued a notice to show cause as to why his service should not be dispensed with since he was not performing up to the mark under the sports category. The petitioner submitted his reply denying the charge levelled against him. The respondent No. 4 passed an order dated 24.1.2011 dispensing the services of the petitioner. The petitioner being aggrieved by the order dated 24.1.2011, has filed the present writ petition.

(2.) Clause 9 of G.O. dated 2.1.1999 stipulates that a person appointed as a Constable under the sports quota would be kept under probation for a period of two years which can be extended twice in the event the incumbent does not improve his skill in' the sports category.

(3.) In the light of this G.O., the impugned notice was given and thereafter he was discharged.