V.K. Shukla, J. - (1.) IN the present writ petition, petitioner is questioning the validity of the order of dismissal dated 13.09.2007 passed by Superintendent of Police Ballia in exercise of authority vested under Rule 8(2)(b) U.P. Police Officers of the Subordinate Rank (Punishment and Appeal) Rules 1991.
(2.) BRIEF background of the case is that by means of the notification dated 23.07.2005 issued by the Deputy Inspector General (Establishment) U.P. Police Headquarters Allahabad selection proceedings were commenced for recruiting 400 constables for civil police at Azamgarh Recruitment Center. Petitioner claims that he being qualified and eligible also applied in pursuance to the said selection proceeding and participated in the physical test, written test and interview. Based upon his success in the physical test, written examination and the interview the petitioner was selected for appointment as constable. Thereafter based upon the aforesaid selection the petitioner was granted appointment on 18.06.2006. In pursuance thereto the petitioner submitted his joining at Azamgarh. As per petitioner, in the month of July 2006 the petitioner was sent for training at Training Center Ballia where the petitioner underwent training for about 23 days. Thereafter petitioner was sent for further training to 38th Battalion PAC Gonda where the petitioner joined on 11.08.2006 and successfully completed his one year training. Petitioner claims that on completion of the aforesaid one year training the petitioner was again sent to district Ballia where the petitioner joined in August, 2007. Thereafter on 13.09.2007 an order was passed by Superintendent of Police, Ballia terminating the service of the petitioner in purported exercise of powers under proviso (b) of Rule 8(2) of U.P. Police Officers of the Subordinate Rank (Punishment and Appeal) Rules 1991. At this juncture present writ petition in question has been filed. Pleading inter se parties have been exchanged and thereafter present writ petition is being taken up for final hearing and disposal with the consent of the parties.
(3.) SRI Siddharth Khare, Advocate contended with vehemence that in the present case there was no occasion to invoke and exercise authority under Rule 8(2)(b) U.P. Police Officers of the Subordinate Rank (Punishment and Appeal) Rules 1991 without there being any foundation and basis and here mechanically it has been mentioned that inquiry into the matter is neither reasonable nor practicably possible, as such authority in question has been colourably exercised, consequently writ petition, deserves to be allowed.;