VIRENDRA SINGH PAWAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This writ petition has been filed challenging the order dated 28.11.2011 passed by the Senior Superintendent of Police, Bulandshahar and praying for a mandamus to the Authorities to allow the petitioner to continue in service.

(2.) The case of the petitioner as argued by his counsel before this Court is that the petitioner was given an appointment as Recruit Constable in U.P. Police in pursuance of the directions issued by the Deputy Inspector General (Establishment), Police Headquarters, U.P., Allahahabad under the quota of Skilled Sportsmen. The appointment letter was issued by the Senior Superintendent of Police, Bulandshahar on 08.03.2006. The said appointment as Skilled Sportsmen was given in terms of government order dated 02.01.1999, which provided that certain category of Sportsmen should be given relaxation in conditions of appointment/selection to promote excellence in sports in the department. Under the said government order the petitioner being an outstanding judo player was given appointment and he completed his basic training as Constable. He worked for five years without any complaint. No show cause notice was given to him in these five years. Suddenly, a Physical Test was conducted without any notice and at that particular time there was injury in the hand of the petitioner as a result of which he could not do well in the Physical Test. No report from any technical expert was obtained. Nor he was given any opportunity to play the game.

(3.) On 17.12.2012 the petitioner received an order dated 18.11.2011 passed by the Senior Superintendent of Police, Bulandshahar dispensing with his services.