RAJBIR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) By means of this writ petition, the petitioner-- Rajbir Singh has prayed that the orders dated 17.11.1988, terminating his services, 27.2.1989, dismissing his appeal. 20.1.1993 passed by U. P. Public Services Tribunal (for short 'Tribunal'), dismissing his claim petition and 18.7.1994 passed by the Tribunal dismissing the review petition, be quashed and the respondents be directed to reinstate him in service with all consequential benefits.

(2.) Counter and rejoinder-affidavits have been exchanged. Heard learned counsel for the parties.

(3.) Put briefly, the facts of the case are that the petitioner was appointed as a constable in U. P. Police and joined at Farrukhabad on 1,9.1981. He continued to serve the Department upto 17.11.1988 on which date his services were abruptly terminated by serving him a notice under the provisions of U. P. Aasthai Sevak (Seva Samapti) Niyamawali, 1975 (hereinafter referred to as 'Rules of 1975'). The case of the petitioner is that since he had worked continuously for a period more than 3 years, he would have been regularised and in any case, after completion of three years service, he ceased to be a temporary employee. According to the petitioner, no departmental enquiry or proceedings were taken against him and consequently, the termination order is bad in law as some constables, who are junior to him have been retained in service. The petitioner filed an appeal against the order of termination dated 17.11.1988. This appeal was dismissed by Sri R.C. Agarwal, the then Deputy Inspector General of Police, Kanpur Range on 27.2.1989. The petitioner preferred a claim petition before the Tribunal. His claim petition was dismissed on 20.1.1993. He then moved an application before the Tribunal for reviewing the order dated 20.1.1993 but the same was also dismissed by order dated 18.7.1994.