LAWS(ALL)-2012-2-26

STATE OF U P Vs. KRISHNA KUMAR

Decided On February 01, 2012
STATE OF UTTAR PRADESH Appellant
V/S
KRISHNA KUMAR Respondents

JUDGEMENT

(1.) Under challenge is the judgment and order dated 16.9.2003 passed in Writ Petition No. 665 (SB) of 1999; Krishna Kumar Vs. State of U.P. and another whereby the order of termination dated 19.3.1999 was quashed with a direction to treat the respondent-petitioner in service and pay salary and allowances with a further observation that it shall be open for the appellant-respondent to proceed against the respondent-petitioner in accordance with relevant Disciplinary Rules for the alleged misconduct, if they think it just and proper.

(2.) Heard learned Standing Counsel for the appellant as well as Sri S.N. Bhardwaj, learned counsel for the respondent and perused the records.

(3.) Learned counsel for the appellant submitted that the respondent-petitioner had intentionally not disclosed at the time of applying for the post of Constable in PAC that he was earlier involved in a criminal case under Sections 307/504/506 IPC read with Section 3(1)(x) of SC/ST Act and as such he was guilty of alleged misconduct.