CHANDRA DUTT GAUTAM Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Raj Narain, learned counsel for the petitioner and Sri Pankaj Rai, learned Additional Chief Standing Counsel for the State of U.P.

(2.) BY means of present writ petition, the petitioner has challenged the validity of the order dated 23.10.2006, passed by the respondent no.4, i.e. Commandent 45th Battalion P.A.C., Aligarh, revisional order dated 15.06.2007 passed by the respondent no.3, the Deputy Inspector General of P.A.C. Agra, Zone, Agra and order dated 25.02.2008 passed by the respondent no.2, the Inspector General of P.A.C., Western Zone, Moradabad. By the impugn order dated 23.10.2006 the appointment of the petitioner dated 21.07.1997 had been cancelled on the ground that petitioner had obtained compassionate appointment concealing the material fact that his elder brother namely Rajvir Prasad had already been given an appointment under Dying in Harness Rules, 1974 (hereinafter referred as "Rule 1974") vide order dated 20.08.1986 on the post of Constable in Civil Police.

(3.) THE brief facts of the case giving rise to the present writ petition are that the father of the petitioner namely late Komal Prasad Gautam was posted at Aligarh as Head Constable in police department and during his service, he died on 14.12.1978 at Police Line Aligarh. He left behind his wife, two sons namely Rajvir Prasad, Chandra Dutt Gautam (petitioner) and three daughters namely Smt. Mithlesh Devi, Sarvesh, and Pappan.