STATE OF UTTAR PRADESH Vs. SUGHAR SINGH

JUDGEMENT

(1.) THIS appeal, by certificate is directed against the judgment and decree dated 8/09/1970 of the Allahabad High Court. The short facts of the case are as follows. The respondent Sughar Singh was a permanent head constable in the U. P. Police Force between 1950 and 1960. Sometime in 1960, he was deputed for training as a credit Sub-Inspector at the Armed Police Training Centre at Sitapur. On 16/03/1961, Sughar Singh was appointed an officiating Platoon Commander. He worked in that post till August, 1968. While working as a Platoon Commander, on 22/07/1966, the respondent was served with anotice by the Senior Superintendent of Police, Kanpur, in which he was asked to show cause within 10 days of the receipt of that notice as to why the following adverse entry should not be entered in his character roll:

(2.) THE respondent challenged this order of reversion by a writ petition filed in the High Court of Judicature at Allahabad. His petition was at first dismissed by a learned Single Judge of the High Court on 12/05/1969. He filed a special appeal before a Division Bench. One of the Judges of this Division Bench allowed the appeal and quashed the order of reversion. THE other learned Judge, however, was of a different view and held that the respondent's appeal was liable to be dismissed. THE matter, thereafter, was referred to a third learned Judge who found in favour of the respondent and quashed the order of reversion. In view of the opinion of the third learned Judge, the special appeal filed by the respondent was allowed by a judgment of 8/09/1970 and the order reverting the present respondent to his post of head constable was quashed. THE appellants have now come on appeal before this Court against the order of the Allahabad High Court.

(3.) THE order of 21/03/1961 was merely an order of posting and not an order indicating the appointment of the respondent to a particular cadre. We are unable to accept this argument of the respondent's counsel To understand the position clearly, one has to refer to certain provisions of the Police Regulations under which the respondent had been selected for promotion from the post of Head Constable to the rank of Sub-Inspector in the Armed Police: