PAWAN KUMAR SINGH Vs. KUNWAR FATEH BAHADUR SINGH

JUDGEMENT

(1.) LEARNED counsel for the applicant states that today from the news papers he has come to know that opposite party no.1, Kunwar Fateh Bahadur Singh, Principal Secretary Home, Government of U.P., Lucknow has been directed to be removed from the said post with immediate effect by the Election Commission (Parliamentary Elections are on at present). Accordingly, there is no need to issue notice to opposite party no.1. Argument of learned counsel for the applicants is that about 23,000/- constables are still jobless inspite of judgment dated 08.12.2008 passed by Hon.Single Judge allowing the writ petitions and quashing various Government Orders cancelling the recruitment by various recruitment boards and consequential order terminating the appointment of the candidates. LEARNED counsel for the applicants has further argued that appeal filed against the said judgment has also been dismissed on 04.03.2009. One of the two Hon. judges who decided the appeal gave a separate judgment. However, that Hon. Judge also agreed with the operative portion of the judgment of the Hon. Senior Judge to the effect that appeal was dismissed. According to the learned counsel for the applicant the only effective point of difference is that the Hon. Junior Judge even though agreed with the conclusions of his respected senior brother to dismiss the special appeal but His Lordships differed on the findings indicated in the earlier part of His Lordships judgment. Penultimate sentence of judgment of the Hon. Junior Judge is quoted below: "Accordingly I have recorded my own views in this judgment along with the directions to segregate tainted candidates from untainted ones applying the principles of the Hon'ble Apex Court laid down in Inderpreet Singh Kahlon's case (Supra)". According to the learned counsel for the applicants the import and effect of the said direction is that first all the terminated constables should be reinstated and thereafter services of those who are found to be tainted after thorough inquiry may be terminated. LEARNED counsel for the applicants has also argued that if the Government had been serious, it could have by now filed appeal before the Supreme Court and in any case contempt proceedings or compliance of the order can not be withheld merely on the possibility of filing of appeal before the Supreme Court. LEARNED counsel for the applicants has also argued that since termination of services of the applicants and other similar situate constables, not a single penny has been paid to any of them. In view of the above issue notice to opposite party no.2 Sri Vikram Singh, Director General of Police, U.P., Lucknow who shall file his personal affidavit indicating therein that why the judgment has not yet been complied with. Affidavit must positively be filed on or before the next date which is fixed to be 08.05.2009. On the said date the case must be listed before the appropriate Court peremptorily at the top of the list. Office is directed to dispatch notices immediately by tomorrow. Copy of the supplementary affidavit which was filed on 31.03.2009 shall also be sent to opposite party no.2. As far as opposite party nos. 3 to 5 are concerned at present I am not inclined to issue notice to them. However, question of issuing notice to them may be considered subsequently if occasion for the same arises.