AMIT KUMAR SHUKLA Vs. UNION OF INDIA

JUDGEMENT

(1.) -This writ petition under Article 226 of the Constitution of India has been filed by four petitioners, who are candidates in the selection for the post of constable civil police held in the year 2005 in the State of U. P., challenging the order dated 21st April, 2008, passed by respondent No. 1, Annexure-2 to the writ petition.

(2.) HEARD learned counsel for the petitioner, learned standing counsel for respondents 2 to 5 and Union of India through the counsel.

(3.) DURING the selection process a number of complaints were made by the candidates as well as representatives of public regarding grave irregularities and malpractices. The complaint in respect to different recruitment centres were also given to the concerned officials of different districts. It so happened that certain complaints were received in the office of Chief Minister, U. P. sent by Sri Mohd. Irshad Khan ; Sri R. P. Jaiswal ; Sri Radhey Lal Rawat and Sri Amresh Shukla (all members of Legislative Assembly, U. P.). On receipt of the aforesaid complaint, the State Government issued direction to Director General of Police, U. P. to enquire into the allegations. In pursuant thereto a four member committee headed by Sri Shailja Kant Mishra, Additional Director General of Police was constituted to enquire into the charges of illegalities, corruption, nepotism, procedural irregularities and violations of Rules and instructions issued by the Headquarters by the Director General of Police, U. P., dated 13th June, 2007. The enquiry committee proceeded to conduct inquiry in respect of procedure and work of the Selection Committee, such as (1) physical efficiency text ; (2) written examination ; (3) interview ; and (4) tabulation work. This enquiry committee found that there were clear cut violation of recruitment instructions at large scale and irregularities and illegalities such as :