UTTAM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) -The present writ petition has been filed for quashing the order dated 12.7.2004 passed by respondent No. 1 (Annexure No. 1 to the writ petition).

(2.) THE facts arising out of the present writ petition are that the petitioner was initially appointed as Constable on 15.2.1988 and in the year 1995, he was posted as Constable-Driver. In the year 1998, he was posted in G.R.P, Lucknow. In June, 2004, he was transferred to 44th Battalion P.A.C Merrut from 12th Battalion P.A.C Fatehpur. By the impugned order, the petitioner has been dismissed from service without holding any departmental enquiry in exercise of power under Rule 8 (2) (b) of the U. P. Police Officers of Subordinate Ranks (Punishment and Appeals) Rules, 1991 (here-in-after-referred to as Rules).

(3.) THE notices were issued by this court on 29.11.2007 and the respondents were granted time to file counter affidavit. Counter and rejoinder affidavits have been filed as such with the consent of the parties the writ petition is being disposed of finally.