RAKESH KATIYAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This application has been filed for quashing of the order dated 01.04.2017 passed by Additional Chief Judicial Magistrate, Room No. 26, Lucknow in Case No. 17 of 2010 (State Vs. Rakesh Katiyar) arising out of Case Crime No. 396 of 2007, under Sections 467, 468, 471, 201 and 120B I.P.C., P.S. Mahanagar, District Lucknow as well as revisional order dated 28.11.2017 passed in Criminal Revision No. 230 of 2017.

(2.) The dispute involved in this application pertains to the recruitment on the post of Assistant Radio Operators in the Department of the Police U.P.(Radio) held in the year 2005-06. Along with this recruitment, recruitment was also made for the post of constables in other two wings of the police department, i.e., PAC and civil police.

(3.) Succinctly stated, the facts are that in the year 2005-06, the State Government initiated the process for recruitment of Constables in U.P. Police, in all the three wings including P.A.C., Wireless and Radio. In the Wireless/Radio wing, Assistant Radio Operators were to be appointed. For the said purpose, several recruitment boards were constituted at various places throughout the State of U.P. This recruitment took place in different phases. After conclusion of the first phase, unsuccessful candidates filed various writ petitions before this Court leading petition was Writ Petition No. 2809 (SS) of 2005. This Court while hearing the writ petitions summoned the record relating to the recruitment and vide judgment and order dated 23.8.2005, said writ petitions were dismissed holding that there was no arbitrariness, nepotism or favoritism or mal-practices in conducting the selection of the Police Constable in any of the district in which the vacancies were notified. After the conclusion of the second phase of recruitment in the year 2006, again several writ petitions were filed challenging the recruitment which were defended by the State Government and after summoning the relevant record, the said writ petitions were also dismissed.