Writ Petition No. 3500 (S/S) of 2010. Case: Lav Kumar Tiwari Vs The State of U.P. and Ors.. High Court of Allahabad (India)

Case NumberWrit Petition No. 3500 (S/S) of 2010
JudgesDevendra Kumar Arora, J.
IssueCivil Services (Classification, Control and Appeal) Rules - Rule 55B; Uttar Pradesh Police Regulations - Regulation 541(2)
Judgement DateSeptember 14, 2010
CourtHigh Court of Allahabad (India)

Judgment:

Devendra Kumar Arora, J.

1. Heard Sri Vinay Bhushan, Advocate for the petitioner and the learned Standing Counsel for the opposite parties.

2. By means of present writ petition, the petitioner has sought a writ of certiorari for quashing the impugned order dated 31.03.2010 passed by the Superintendent of Police, Hardoi. The petitioner further prayed for a writ of mandamus commanding the respondents to reinstate the petitioner in service and pay his salary regularly continuously as and when the same falls due.

3. The sole question involved in the present petition is:

As to whether the impugned order has been passed by the Superintendent of Police, Hardoi in utter violation of principles of natural justice or not?

4. Since the legal question is involved, the writ petition is being heard finally at the admission stage.

5. The brief facts of the case as culled out from the pleadings of the writ petition are as under.

6. The father of the petitioner late Jagannath Tiwari was working as Sub-Inspector in U.P. Police, who died in harness on 17.07.2003 while serving at district Hardoi. The petitioner being dependent and eligible for appointment approached the respondents for compassionate appointment and after completing all the formalities the Superintendent of Police Hardoi appointed the petitioner vide order dated 12.07.2007. The petitioner was sent for training at P.T.S. Gorakhpur. The petitioner alongwith several others jointed for training on 01.01.2008 as Constable (Arakshi). The first examination was held in the month of March, 2008. The petitioner successfully passed the said examination. The petitioner during his training fell seriously ill and consequently he left the training centre on 19.05.2008 and sent a letter to the Principal, P.T.S. Gorakhpur on 21.05.2008 for information about his illness and inability to attend the training. The petitioner subsequently from time to time kept on informing through letters dated 07.06.2008, 03.07.2008, 04.08.2008, 05.09.2008 10.10.2008, 12.11.2008, 03.12.2008 and 07.01.2009, the copies of the same have been annexed collectively as Annexures-4 and 5 to the writ petition.

7. The petitioner was served with a letter of Superintendent of Police, Hardoi dated 21.01.2009 directing him to report at P.T.S., Gorakhpur within 24 hours of the receipt of the letter, failing which it shall be deemed that petitioner is no longer interested in serving the police department and departmental action shall be taken against the petitioner. Subsequently, Superintendent of Police, Hardoi, vide letter dated 04.03.2009 requested the D.I.G., Police/ Principal, P.T.S., Gorakhpur to inform him about the joining of the petitioner and in the said letter the petitioner was also directed to report at Police Lines, Hardoi immediately. The petitioner in response to the letter dated 04.03.2009 submitted his joining in the office of the Superintendent of Police, Hardoi on 07.03.2009 and the petitioner was attached to the Police Line, Hardoi. The attachment of the petitioner was continued upto 07.11.2009 and the petitioner was paid his stipend regularly from the...

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