UMESH CHANDRA YADAV Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the parties. Learned counsel for the petitioners submits that the controversy involved in both the writ petitions has already been decided by this Court, in bunch of writ petitions, leading Writ Petition No. 7270 (SS) of 2007 Samarjeet Tiwari and others Versus State of U.P. and others, vide judgment and order dated 9.4.2009. While allowing the bunch of writ petitions, this Court held as under:- "19. Even otherwise, discretion of the government cannot be absolute and unjusticiable. The authorities have to pass the test of reasonableness and the action should not lack bona fide and made a colourable exercise of power. If an order of the State or its instrumentality lacks bona fide, then it shall amount to colourable exercise of power vide AIR 1998 SC 477 Amarnath Ashram Trust Society versus Governor of U.P., 1993(3) SCC 634 Hansraj H. Jain versus State of Maharashtra and others, AIR 1980 SC 319 State of Punjab and another versus Gurdial Singh and others. 20. Keeping in view the findings recorded by the Hon'ble Single Judge at Allahabad as well as the Division Bench in special appeals (supra) and for the reasons, discussed hereinabove, the impugned orders seem to be violative of statutory provisions, principle of natural justice. The decision has been taken hurriedly depriving the police constables from their source of livelihood. Such action on the part of the authorities is not expected in the society which is governed by the rule of law run by a democratically elected government. 21. In view of the above, the writ petitions succeed. A writ in the nature of certiorari is issued quashing the impugned orders with consequential benefits. A writ in the nature of mandamus is issued directing the opposite parties to restore the petitioners in service forthwith with due back wages within a period of one month from today with liberty to proceed afresh in accordance with law subject to availability of material. The learned counsel for the respondents shall communicate the order, passed by this Court to the Principal Secretary, Home and the Director General of Police forthwith for compliance. The writ petitions are allowed accordingly. No order as to costs." Learned Standing Counsel does not dispute the aforesaid proposition of law. Accordingly, both the writ petitions are allowed. A writ in the nature of certiorari is issued quashing the impugned orders with consequential benefits. A writ in the nature of mandamus is issued directing the opposite parties to restore the petitioners in service forthwith with due back wages within a period of one month from today with liberty to proceed afresh, in accordance with law, subject to availability of material. Learned counsel for the respondents shall communicate the order, passed by this Court to the Principal Secretary, Home and the Director General of Police forthwith for compliance.