A K MISRA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioner as well as learned Standing Counsel.

(2.) THE case of the petitioner is that the petitioner was appointed as temporary constable and a criminal case was lodged against the petitioner registered as Crime Case No. 288 of 1991 under Sections 392, 323, 506 and 342 I.P.C. lodged at Police Station G.R.P., Lucknow. It appears that thereafter the impugned order dated 21st March, 1991 was passed by the Superintendent of Police Railway terminating the services of the petitioner treating him to be temporary Government employee under U.P. Temporary Government Servants (Termination of Services) Rules, 1975.

(3.) AGGRIEVED by the said impugned order, the petitioner has preferred this writ petition. The submission of the learned counsel for the petitioner is that the order impugned is punitive in nature as it casts a stigma upon the petitioner and further the U.P. Temporary Government Servants (Termination of Service) Rules, 1975 are not applicable on the petitioner. The sole basis for termination of the petitioner is the lodging of the first information report and the petitioner was subsequently acquitted in the trial and the final argument of the learned counsel for the petitioner is that the procedure as prescribed under Regulation 541 of the Police Regulations has not been complied with.