MAHESH SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) In all the above petitions petitioners are aggrieved by the impugned orders passed by the competent authority terminating the services of the petitioners by taking aid of the Government order dtd. 18/8/2023 which provides for termination of services of such home guards, who have been chargesheeted in a criminal case in respect of offences for which prescribed sentence is more than 7 years under the India Penal Code.

(2.) It is argued for the petitioners that so long as the Government order dtd. 18/8/2023 remains in force, the order impugned terminating the service of the petitioners cannot be questioned for the reason that they have been charge-sheeted in criminal case for an offence for which sentence provided is more than 7 years. So, challenge basically laid to the Government order dtd. 18/8/2023 in all these petitions insofar as its clause (6) is concerned.

(3.) It is argued by learned counsel for the petitioner that not only clauses (5) and (6) are discriminatory as there is no intelligible differentia available to the State respondents inserting these provisions but providing classification between two sets of employees, one facing criminal charges qua offences with sentence 7 years or less; and the other with more than 7 years is arbitrary on the face of it. According to learned counsel for the petitioners, there can be no rational nexus between the object sought to be achieved and classifications so made.