MOHAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 10.9.2004 passed by the learned Single Judge in Civil Misc.Writ Petition No.9912 of 1993 (Mohan Singh Vs. State of U.P. and others) by which order the learned Single Judge has dismissed the writ petition filed by the petitioner- appellant.

(2.) Briefly stated the facts giving rise to the present appeal are that the the petitioner was a Constable in the Provincial Armed Constabulary and was allegedlyl involved in an incident along with others, which became known as the PAC revolt, which occurred on 21/22.5.1973. An FIR was lodged and the petitioner-appellant along with others were charged in Case Crime No.506 of 1973, under Sections 147,148 149, 302, 307, 324, 326, 330, 457, 492, 395,121,120-B and 409 I.P.C.

(3.) Notwithstanding the petitioner-appellant's involvement in the aforesaid subversive activity, the services of the petitioner-appellant was terminated by an order of the Governor of U.P. date 14.11.1973 exercising the powers under Article 311(2)(c) of the Constitution of India on the ground that it was not in the interest of security of the State to keep the petitioner-appellant in service, and on the same reasoning, the inquiry contemplated under proviso to sub-clause (2) of Article 311 of the Constitution of India was also dispensed with.