S.K.Sen, C.J. - (1.) Sri O.P. Singh learned Senior Advocate assisted by Sri Anil Kumar Srivastava Advocate appears for appellant and Sri S.J. Yadav learned Standing counsel appears for State Respondents.
(2.) This Special Appeal is directed against an order passed by learned single Judge whereby learned single Judge dismissed the writ petition. It appears that the writ petitioner was aggrieved since his representation against the order of transfer was rejected only on the ground that the Director General Fire Services, U.P. took the view that he was in shabby condition with long beard and hair which displayed indiscipline and immaturity. That is not a ground on which transfer was effected. There is no Rule which provides that one can not keep beard. Our country is governed by Rule of Law and matters are to be decided according to the provision of law in that behalf and not on likes or dislike of an individual officer howsoever high position he may be having. We are surprised to find such a finding from an officer of such a high rank. Just because a person has joined the police force, there can not be any compulsion upon him that he can not keep beard. Be that as it may, we feel that the representation made by writ petitioner should have been decided on the basis of merit and we accordingly set aside the rejection order dated 9.7.2002 passed by Director General Fire Services U.P. The Director General shall decide the matter afresh after hearing the writ petitioner and pass appropriate orders recording reasons.
(3.) The order of rejection dated 9.7.2002 stands quashed. Both the Special appeal and the writ petition are allowed. The order passed by the learned single judge dated 29.8.2002 is set aside.;