RAVI NATH TILHARI - (1.) Heard Sri Satya Prakash Pandey, learned counsel for the petitioner and the learned Standing Counsel.
(2.) By means of the present writ petition, the petitioner has prayed for issue of a writ in the nature of certiorari quashing the order dated 7.4.2007 passed by the Superintendent of Police Kannauj (Annexure No.2 to the writ petition), by which the petitioner's services were no longer required, giving him one month's salary and allowances, if any, for the notice period, under the U.P. Temporary Government Servants (Termination of Services) Rules, 1975 (hereinafter referred as the Rules, 1975). The petitioner has further prayed for issue of a writ of mandamus, commanding the respondents to permit him to continue and complete his training of constable and to appoint him as constable in U.P. Police and pay salary and other emoluments, in accordance with law.
(3.) Facts of the case are that in the recruitment process for the post of constables in U.P. Police, year 2005-06, the petitioner qualified in physical and written test and after interview he was declared successful and was selected on the post of constable in District Kannauj. The selected candidates were required to submit an affidavit in the prescribed proforma for police verification. The petitioner also filed an affidavit dated 10.6.2006 verified by public notary, but in the said affidavit the petitioner stated that there was no criminal case pending against him.On police verification, the Station Officer, Police Station- Vidhunu submitted report dated 23.6.2006 that a Case Crime No. 409 of 2005 under Sections 324 , 504 and 506 I.P.C. was registered against the petitioner, in which charge sheet had also been filed. However, the police report stated that the petitioner was a person of good character and reputation.;