- (1.) Heard learned Counsel for the petitioner and learned Standing Counsel on behalf of the State. By means of this petition, the petitioner has invoked the jurisdiction of this Court under Article 226 of the Constitution of India to issue a writ of certiorari to quash the order dated 27.10.2009 passed by the opposite party No. 2- State Radio Officer(Administration), U.P. Police Radio Headquarter, Mahanagar, Lucknow and also to issue a writ of mandamus commanding the opposite parties to allow the petitioner to resume his duty on the post of Messenger in the office of the opposite party Nos. 4 and 5 and pay him salary regularly with all consequential benefits. The case of the petitioner is that the petitioner was posted on the post of Messenger at Police Radio Shakha Basti and there was no complaint against him during the course of employment. He was falsely implicated in case Crime No. 388-A/06, under section 307/435 IPC. Subsequently he was convicted in the said case. During the pendency of the said case he was suspended vide order dated 8.1.2006 and subsequently he was reinstated vide order dated 10.9.2008. By means of judgment dated 10.4.2009 passed in S.T. No. 185/2009, by the Additional District and Sessions Judge/Fast Track Court, Faizabad convicted under section 307. IPC. After the judgment he was taken into custody and was in custody till 14.4.2009 and thereafter by the impugned order dated 27.10.2009 he was dismissed from service.
(2.) On behalf of learned Counsel for the petitioner it is submitted that the dismissal of the petitioner was a punitive action, therefore, in view of the provision of Article 311 of the Constitution of India an opportunity of hearing ought to have been given and only after enquiry he could have been dismissed from service.
(3.) Learned Counsel for the petitioner has placed reliance on the pronouncements of the Hon'ble Apex Court and this Court also in the cases of Union of India and another v. Tulsiram Patel, 1985 51 FLR 362. Ram Pratap Singh v. State of U.P. and others,2009 121 FLR 896. Soda Nand Misra v. State of U.P. and another, 2000 18 LCD 88 and Shyam Narain Shukla and another v. State of U.P. and others passed in Writ Petition Nos. 3871 and 6759 of 1986 decided on July 28, 1988.;