GANESH KUMAR SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) FEELING aggrieved by the order dated 21-6-2012 passed by learned Writ Court in Writ Petition (S) No. 994/2004 dismissing the writ petition, the writ petitioner has filed this writ appeal under Section 2(1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005.

(2.) THE facts leading to this appeal are that the appellant who was a Constable in 26th Battalion, Special Armed Force (SAF) was given a conditional permission by communication dated 17-10-2001 (Annexure P-1) to appear in the examination for the recruitment on the post of Sub-Inspector to be conducted by the Government of U.P. In the said permission/order itself, a condition was embodied that it can be cancelled in exigency of service.

(3.) A disciplinary enquiry was initiated against him and vide order dated 17-5-2002 (Annexure P-8), the Disciplinary Authority, i.e., the Commandant found the charges to be proved and hence passed the punishment order of removal from services. The departmental appeal, which was filed by the appellant to Dy. Inspector General of Police, SAF was also dismissed vide order dated 6-9-2002 (Annexure P-10) and thus a writ petition was filed by the appellant challenging the orders of Disciplinary as well as the Appellate Authority and prayed for its quashment with a further prayer that he be reinstated with full back wages.