L/NAIK, DHANANJAY SINGH Vs. STATE OF U.P. AND ORS.
LAWS(ALL)-2010-10-410
HIGH COURT OF ALLAHABAD
Decided on October 28,2010

L/Naik, Dhananjay Singh Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

Sudhir Agarwal, J. - (1.) HEARD Sri Deepak Kumar Jaiswal for the petitioner learned Standing Counsel for the respondents and perused the record. As agreed by the learned Counsel for the parties, the writ petition is being heard and decided under the Rules of the Court at this stage.
(2.) THE petitioner is aggrieved by the order dated 22nd April, 2006, Annexure 3 -A to the writ petition passed by the respondent No. 4 cancelling his appointment on the post of Constable in Provincial Arms Constabulary (hereinafter referred to as "P.A.C.") on the ground that the same has been obtained by impersonation. It appears that the petitioner was selected and appointed as Constable in P.A.C. in the year 1992. A complaint appears to have been made against the petitioner sometimes in 2004 that he is actually Shatrughan Singh and having utilized the certificates and documents of his younger brother Dhananjay Singh, he has obtained the aforesaid appointment by impersonation. This complaint was made by Raj Bahadur Singh, resident of the same village to which the petitioner belong. Thereupon the Commandant, 42nd Bn PAC, Naini, Allahabad directed the Deputy Commandant, 42nd Bn P.A.C., Naini, Allahabad to make a preliminary enquiry and submit his report which was submitted by him on 21st February, 2006 finding the complaint against the petitioner to be correct and recommending criminal as well as disciplinary proceeding against the petitioner.
(3.) PURSUANT to the said preliminary enquiry report dated 21st February, 2006, the Commandant, P.A.C., Naini, Allahabad issued a show cause notice dated 13th March, 2006 which was replied by the petitioner on 25th March, 2006 controverting and seriously disputing the allegations levelled against him and requesting for proper enquiry giving him opportunity of examination and cross examination but thereafter the impugned order dated 22nd April, 2006 was passed. It is also said that a first information report was also lodged against the petitioner on 23rd June, 2006 as Case Crime No. 147 of 2006, under Sections 419, 420, 468, 471 I.P.C.;


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