- (1.) Instant petition pertains to an order dated 16.11.2006 passed by Commandant, 37th Battalion PAC, Kanpur, whereby petitioner's services have been terminated.
(2.) Brief facts of the case as stated in the writ petition are that the petitioner was initially appointed in the year 2006 as Constable. He was sent for training. While he was undergoing training, an order was passed by the Commandant 37th Battalion, PAC, Kanpur, terminating the services of the petitioner in terms of the U.P. Temporary Government Servant (Termination of Service) Rules, 1975 inter-alia on the ground that at the time of submission of his application, a criminal case under Sections 147, 149, 436, 427 and 307 read with Section 7 of the Criminal Procedure Code was pending against him. In the said case, he had surrendered on 31st March, 2005 and was admitted on bail on 1.4.2005. The said case was pending and concealing the said fact, he got the employment.
(3.) It is stated that the petitioner has been acquitted in the aforesaid criminal case by judgement dated 21.5.2011 passed by the Additional District Judge, Allahabad in Sessions Trial No.1065 of 2006. A copy of the judgment of the Additional District Judge, Allahabad is annexed as Annexure 2 to the writ petition. Petitioner has made a representation before the Director General of Police alongwith the copy of the said judgement of revocation of his termination order. The said application was rejected by the respondent No.3 vide order dated 16.12.2011. The respondent No.3 in his order dated 16.12.2011 has referred another Criminal Case No.218 of 2007 registered under Sections 420, 467, 468 and 471 of Indian Penal Code, which is still pending. In fact, the subsequent Case No.218 of 2007 has been initiated on the First Information Report of the respondent No.3 alleging therein that the petitioner has got employment by concealment of fact. On the said allegation, a First Information Report was lodged and the criminal case is pending.;