- (1.) Heard Sri Adarsh Bhushan, learned counsel for the petitioner and the learned Standing Counsel for the respondents.
(2.) The facts in brief are that the petitioner was selected for the post of Constable in the year 1993 and was sent for training at Training Centre, Sitapur. While undergoing training, an order dated 26.12.1993 was passed by the Commandant 8th Battalion, PAC, Bareilly, the respondent no. 3 herein, terminating his services in exercise of powers conferred by U. P. Temporary Government Servants (Termination of Services) Rules, 1975 (herein after referred to as the ''1975 Rules').
(3.) Learned counsel for the petitioner has assailed the impugned order on following two grounds: 1.The impugned order having been passed in purported exercise of power under 1975 Rules is illegal and without jurisidction since the said Rules are not applicable to a police constable as the services are governed by the provisions of U. P. P. A. C. Act, 1948 read with the Police Act, 1861 and the Rules and Regulations framed thereunder. 2.The impugned order has been passed in utter violation of para 541 of U. P. Police Regulations which provides the procedure for discharge of a probationer constable and the said procedure has not been followed.;