SHIV SINGH CONSTABLE NO 214 ARMED POLICE POLICE LINE ALLAHABAD Vs. SENIOR SUPERINTENDENT OF POLICE ALLAHABAD

JUDGEMENT

(1.) ANJANI Kumar, J. The petitioner who was working as Constable in U. P. Police filed this writ petition aggrieved by the order dated 15-10-1997 passed by the respondent No. 3, Inspector General of Police, Allahabad Zone, Allahabad approached this Court with the following prayer: " (1) issue a writ, order of direction in the nature of mandamus commanding the respondents to produce the order Ashaskiya Patra Sankhya AZ AC-3 Misc. 1997 (102) dated 10-10-97 (which should be 15-10- 1997) passed by respondent No. 3, Inspector General of Police, Allahabad Zone, Allahabad allowing the appeal of the petitioner and direct them to comply with the said order by reinstating the petitioner on the post of Police Constable alongwith all service benefits. (2) Issue any writ, order or direction in the. nature of which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case to meet the end of justice. (3) Award cost of this petition of the petitioner. "

(2.) THE order dated 15-10-1997 passed by the Inspector General of Police, Allahabad Zone, Allahabad has not been annexed along with the writ petition. THE facts, as stated in the writ petition, refer to an order dated 15-10-1997 which is said to have been passed by the Inspector General of Police, Allahabad Zone, Allahabad on a representation made by the petitioner. But in the counter affidavit it is stated that the said order dated 15-10-1997 was passed on a representation made by wife of the petitioner when she appeared before the Inspector General of Police, Allahabad Zone, Allahabad in person. According to the assertion made in the counter affidavit the order dated 15-10-1997 was to the effect that the petitioner should be reinstated in accordance with the rules and further proceedings be completed in accordance with the police regulations. THE counter affidavit further states that no such representation lay under the provisions of relevant service rules. THE facts leading to filing of the aforesaid writ petition are as under:

(3.) IN these circumstances, the mandamus sought for by the petitioner cannot be granted and it is also not established that the respondents are under any statutory obligation to reinstate the petitioner and pay his arrears as alleged in the writ petition.