DASRATH SINGH PARIHAR Vs. STATE OF U P

JUDGEMENT

(1.) R. H. Zaidi, J. By means of this peti tion, under Article 226 of the Constitution of India, petitioner prays for a writ, order or direction in the nature of certiorari quashing the order, dated 16-6-1981, where by the petitioner has been removed from the post of Company Commander.

(2.) IT has been stated that it was in the year 1963 that the petitioner was appointed as Home-Guard. Thereafter, he was promoted to the post of Commandant. On 23-8-1963, the petitioner was promoted to the post of Battalian Quarter Master Ser-gent and as Assistant Company Com mander on 8-8-1996. IT was on 12-12-1974 that the petitioner was promoted to the post of Company Commander City. While he was holding the post of Company Com mander, the impugned order, dated 16-8-1981 removing him from service was passed in wholly arbitrarily manner and without affording him an opportunity of being heard. The petitioner, therefore, filed the present petition challenging the validity of the said order.

(3.) LEARNED counsel for the petitioner in support of his submission that the post held by the petitioner was a civil post referred to and relied upon the decision in Vibhuti Narain Singh v. State of U. P. and others, 1986 UPLBEC 1130.