R.K.Agrawal, J. - (1.) The petitioner has filed the present petition seeking a writ, order or direction in the nature of certiorari quashing the order dated 6.1.1996 passed by the respondent No. 1 contained in Annexure 1 to the writ petition and further a writ of mandamus commanding the respondents not to interfere in the services of the petitioner as constable in 45th Battalion, P.A.C., Aligarh and pay him salary treating his services in continuation.
(2.) Briefly stated facts of the case are that the petitioner was appointed as a Constable in 35th Battalion, P.A.C., Lucknow sometimes in the year 1984. In the year 1987 he was transferred to 45th Battalion, P.A.C., Aligarh. Further he was sent alongwith his Battalion to Konkrajhar, Assam. His services was terminated vide order dated 6.1.1996, which was communicated to him on 8.1.1996 at Aligarh when his Battalion came to Aligarh.
(3.) It appears that the petitioner was found absent from the Battalion at 1900 hours on 3.1.1996 and had gone to a nearby hotel. He had consumed liquor and had quarreled with the public. A preliminary enquiry was held by one Shri Mahipal Singh, Asstt. Commandant of Operational Head Quarter, who after considering the statement of the petitioner and other witness submitted his report to the Commandant on 4.1.1996 recommending for termination of his services by invoking the provisions of Rules 8(2)(b) and (c) of U.P. Police Officers of the Subordinate Ranks (Punishment & Appeal) Rules, 1991 (hereinafter referred to as the Rules). The Commandant, vide order dated 6.1.1996 dispensed with the regular enquiry and passed order terminating the services of the petitioner. He found that if regular enquiry is held, the lives of the officers and staff would be in danger and it would not be in the national interest. The said order is under challenge.;