SURAJ SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Gulrez Khan learned Counsel for the petitioner and Sri Shree Prakash Singh learned standing Counsel for the respondents.

(2.) THIS writ petition has been filed seeking a writ of certiorari quashing the order dated 30-10-2000 passed by the respondent No. 3 by which he has rejected the representation of the petitioner to be reinstated in the police force and the consequential order which the petitioner seeks quashing of the order of dismissal dated 28-5-1990 passed by the respondent No. 3. THIS is the original order by which the impugned order of dismissal was passed against the petitioner removing him from the service of the State. The next prayer, which the petitioner made, is for a writ of mandamus commanding the respondents to reinstate him in service with full back wages and all other consequential benefits.

(3.) AS soon as the order of conviction was passed by the trial Court, the petitioner was dismissed from service on 28-5-1990 by the Commandant 28 Battalion P.A.C. Etawah. The order of dismissal dated 28-5- 1990 is appended as Annexure 1 to the writ petition and it records in para 3 that pursuant to the provisions of Rule 55 and 55-A of the U.P. Civil Services (Classification, Control and Appeal) Rules and Regulation 493 of U.P. Police Regulations read with Article 311 (2) (a) of the Constitution and in view of the Government Order dated 12-10-1979, it is reasonably appropriate to dismiss the services of the petitioner.