HARENDRA KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution is directed against an order dated 7th December, 1992. whereby the services of the petitioner Harendra Kumar Singh were terminated.

(2.) The petitioner was employed as Constable of Pradeshlk Armed Constabulary, hereinafter referred to as 'P.A.C.' and was posted in 10th Battalion, P.A.C., Jahangirabad. Barabankt. The petitioner was recruited as Constable on 1st April, 1984. The opposite parry No. 3 Sri S. N. Chak, the then Commandant of 10th Battalion of P.A.C. lodged a report against the petitioner on 4th October. 1992 at Police Station Kotwali Fatehgarh, district Farrukhabad under Sections 323/504/506, I.P.C. and Section 6 P.A.C. Act alleging an altercation between the petitioner and Sohan Lal, Head Constable which had allegedly taken place on 2nd August. 1992. The petitioner was awarded a punishment of 24 days drill and after undergoing the said punishment he was sent for duty to District Bahralch at Nanpara. He was served with the termination order dated 7.12.1992 in exercise of the powers under the provisions of U. P. Temporary Government Servants (Termination of Service) Rules, 1975. According to the petitioner, the said termination order is in fact punitive in nature and amounts to punishment of removal without any departmental enquiry and that no opportunity was afforded to the petitioner and in fact he has been removed from service on account of an alleged altercation between him and Head Constable Sohan Lal which formed the subject-matter of a criminal case in which he was released on bail. According to the petitioner the provisions of U. P. Temporary Government Servants (Termination of Service) Rules. 1975, are not applicable to the petitioner, rather the provisions of Section 9 of P.A.C. Act and Schedule thereto apply to the case of the petitioner.

(3.) Counter-affidavit was filed on behalf of the opposite parties wherein it was admitted that the petitioner was appointed as a temporary constable in P.A.C. on 1st October. 1984. Punishment of two days' leave without pay was awarded to him tn the year 1985 and two days' leave without pay in the year 1989. He was further awarded the punishment of 14 days of parade drill in the year 1991 when he misbehaved with the Platoon Commander. In the year 1992, he was again awarded punishment of 14 days of parade drill and again by 10 days parade drill when he made false allegations against the Platoon Commander. In the year 1989 he was awarded the adverse entry when during his medical leave he was found in the house of a prostitute. In the year 1992 again he had assaulted one Santosh Kumar, driver when he was on duty in Delhi and one increment was stopped. In the circumstances the services of the petitioner were terminated as he was a temporary Government servant.