N.L. Ganguly, J. - (1.) THE Petitioner was recruited and appointed a police constable (woman) on 27 -1 -88 she was given necessary training, after training she was sent for further training to Shahjahanpur on 3 -4 -89 to 19 -4 -90. It is stated that petitioner undertook practical training and she was ordered to be posted initially for a period of four months in rural areas police stations. After the requisite period of four month work in the rural area the recruits were to be posted in urban area police stations. The order dated 23 -5 -90 Annexure (1) to the writ petition shows that petitioner's name is shown at Serial No. 1 in the said list for being posted as Constable. The petitioner worked at Mughalsarai from 23 -5 -90. An order was passed by the Senior Superintendent of Police, Varanasi dated 5 -11 -90 by which her services were terminated It was specifically stated in the paragraph 10 of the petition that before passing orders for termination no notice or show cause was given to the petitioner. The order of termination appears to have been passed under the provisions of U.P. Temporary Government Servants Service Rules, 1975. The order of termination speaks that the services of the petitioner are no more required, she was stated to be entitled one months salary in lieu of one months notice. The petition has been filed mainly on the ground that the order of termination was passed in violation of rule of natural justice, also for noncompliance of provisions of Paragraph No. 541 of the Police Regulations. The Paragraph 541 of the Police Regulations are quoted as under: 541(1) A recruit will be on probation from the date he begins to officiate in a clear vacancy. The period of probation will be two years except in the following cases: (a) those recruited directly in the Criminal Investigation Department or District Intelligence Staff will be on probation for three years, and (b) those transferred to the Mounted Police will be governed by the directions in Paragraph 84 of the Police Regulations. If at the end of the period of probation conduct and work have been satisfactory and the recruit has been approved by the Deputy Inspector General of Police for service in the force, the Superintendent of Police will confirm him in his appointment. (2) In any case in which either during or at the end of the period of probation, the Superintendent of Police is of opinion that a recruit is unlikely to make a good police officer he may dispense with his service. Before however this is done the recruit must be supplied with specific complaints and grounds on which it is proposed to discharge him and then he should be called upon to show cause as to why he should not be discharged. The recruit must furnish his representation in writing and it will be duly considered by the Superintendent of Police before passing the orders of discharge. (3) Every order passed by a Superintendent under sub -paragraph (2) above shall, subject to the control of the Deputy Inspector -General be final.
(2.) A counter has been filed on behalf of the State. It has been stated that the petitioner was not a suitable person to be retained in the Police force. She was sent for training at J.T.C. Training Centre at Varanasi on 2 -2 -89, again petitioner was sent for Recruit Training Centre at Shahjahanpur on 3 -4 -89 for a period of NINE months she failed in the indoor examination and was given another opportunity and was detained for training for three months. She again failed in the supplementary examination and remained for training till 19 -4 -91 petitioner was unsuccessful in the training in Shahjahanpur. After training she was sent back to Varanasi to report. The result of the recruits is sent to the I.G. Training Lucknow for declaration. Since petitioner had failed in indoor examination and training centre at Shahjahanpur in the normal course the Senior Superintendent of Police had passed orders for training alongwith other recruits. The examination result was not received by the Police at Varanasi from Lucknow. In these circumstances she was permitted to joint. It is stated that it was only after the letter of the Senior Superintendent of Police, Shahajhanpur dated 25 -5 -90 to the Senior Superintendent of Police of Varanasi that petitioner had failed in the indoor examination and also the supplementary examination the order impugned was passed. Without entering to the factual aspects as stated in the counter -affidavit it is not disputed that petitioner was recruited and was posted as a Constable (Woman) in the police Force, she was entitled to a notice before any action being taken against her. The paragraph No. 541 of the Police Regulations fully applied. There is no dispute that the provisions of paragraph 541(2) of the Police Regulation was not applied and no notice was given, it would be futile to say that the services were terminated by taking aid of the Rules for U.P. Temporary Government Servants Termination Rules, 1975. Since there are specific rules governing services of Police Force in the State other rule of the other temporary Government servant would not be applicable. In similar circumstances in another Brijesh Kumar v. Senior Superintendent of Police, Meerut Writ Petition No. 2169 of 1991 this Court by judgment dated 6th August, 1991 allowed the petition setting aside the order of termination on the ground that the services were terminated without applying the provisions of Paragraph 541(2) of the Police Regulations. The facts and circumstances in the unreported case cited are similar to the facts of the present case.
(3.) AFTER hearing the learned counsel for the petitioner and standing counsel for the State I am of the view that the order of termination passed by the respondents is liable to be quashed. The writ petition succeeds and is allowed, the impugned order dated 5 -11 -90 passed by the Senior Superintendent of Police Varanasi in quashed. The petitioner shall be entitled to all consequential benefits, emoluments etc. payable to her for the period she was out of job. She shall be reinstated within two weeks from the filing of the certified copy of this order. The entire back salary etc, shall be paid within next three months. Parties shall bear costs.;