- (1.) Leave granted. Heard on merits.
(2.) The appellant was appointed as a Constable in the U. P. Police Force on probation in a clear vacancy in December 1986. He was then sent for training at the Police Training School, Moradabad in January 1987 and had successfully completed the training course. In December 1990 while the appellant wasposted as a Constable in Police Station Nangia in District Bijnor, a report was made by the Station House Officer on 17/12/1990 accusing the appellant of certain misconduct. The very next day, on 18/12/1990, the appellant was transferred to the Police Lines. However, without holding any inquiry, on 19/12/1990, the appellant's services were terminated (Annexure B) by giving him one month's salary in lieu of notice. The appellant challenged the termination of his services by filing a writ petition in the Allahabad High court. That writ petition has been dismissed by the impugned judgment dated 20/07/1991. Hence this appeal by special leave.
(3.) The High Court has taken the view that the services of the appellant being merely temporary, there was no infirmity in the termination of his services in this manner. Learned counsel for the appellant submitted that the appellant was not appointed merely temporarily but on probation in a clear vacancy and, therefore, the procedure for termination of his services would be governed by Regulation 541 of U. P. Police Regulations ; and that the termination having been made without complying with the requirements of Regulation 541, it was invalid. In reply, learned counsel for the State merely contended that the appointment of the appellant was not on probation in a clear vacancy but was temporary appointment which was not governed by Regulation 541 of the U. P. Police Regulations. We are satisfied that this appeal has to be allowed.;