PRASHAT KUMAR CHAUDHARY Vs. STATE OF UP

JUDGEMENT

(1.) Heard Sri S.C. Tiwari, learned Advocate who appeared in support of this writ petition and learned Government side.

(2.) Challenge is to the order of dismissal dated 8.8.2007 passed by the Superintendent of Police, Baharich and the appellate order dated 31.12.2007 passed by the Deputy Inspector General of Police, Devi Patan Region, Gonda as contained in annexure No.3 to the writ petition. Although a counter affidavit was directed to be filed on 9.9.2009 but no counter affidavit is there. There appears to be no dispute about the facts, it is rightly submitted by the learned counsel that keeping the matter pending will be futile exercise and thus the order which is being proposed to pass may not detain this Court in disposing of the writ petition finally.

(3.) For disposal of the writ petition, facts in brief will suffice. Petitioner was selected as constable in civil police in the year 2005 and he was allotted district Baharich. Ashow-cause notice was issued by the respondent No.3 on 3.8.2007 by which on the charge that against the petitioner there was a case registered vide case Crime No. 1159-A of 1999 under Sections 147,148, 149, 307, 324, 504, 427, IPC , he is to be discharged from service. No reply appears to have been filed by the petitioner as the impugned order came to be passed within couple of days i.e. 8.8.2007. Appeal was filed by the petitioner but that met with the same fate and thus petitioner challenges both the orders passed by the respondent Nos. 2 and 3. Submission is that the impugned order passed by the respondents, besides being illegal, is also in violation of principles of natural justice. As no adequate opportunity of either filing the reply or enquiry was given the impugned order is totally whimsical and thus is liable to be set aside on this ground alone.