Rakesh Tiwari - (1.) -Heard counsel for the parties.
(2.) THIS writ petition has been filed challenging the order of suspension dated 8.11.1995 in contemplation of enquiry for obtaining appointment as constable in VIII Battalion, P.A.C. on 1.10.1984, on the basis of a fake High School Mark-sheet though he was High School fail and was ineligible for appointment. The contention of the petitioner is that he is High School fail and was appointed under sports quota being a sportsman. He was suspended in 1995 in contemplation of certain charges of enquiry. It is submitted that neither the department has served charge-sheet on him nor it has been filed before any court but he is continued to be kept under suspension by respondent No. 2 vide order dated 8.12.1995. It is also contended that to keep continue the petitioner under suspension for indefinite period since 1995 without any charge-sheet or enquiry is illegal and against law. Counsel for the petitioner further submits that an F.I.R. had also been lodged on the same allegations under Section 420, I.P.C., Police Station Cant., District Bareilly, on 7.11.1995, which was registered as Case Crime No. 580 of 1995. In the crime too no charge-sheet has been filed in the criminal court. It is submitted by the counsel that the petitioner possessed minimum qualification, i.e., class 8th, pass at the relevant time, required for recruitment as police constable under Regulation 415 of the police regulation and under the U. P. Police Regulations, 496, no power is vested in respondent No. 2 to pass order of suspension in contemplation of an enquiry. He submits that he is suffering irreparable loss and injury as he is under continued suspension for about 8 years without any enquiries.
(3.) COUNTER-affidavit has been filed on behalf of respondent No. 2 by the Deputy Commandant, VIIIth Battalion, P.A.C., Bareilly. It has been averred in the aforesaid counter-affidavit that an anonymous undated and unsigned complaint was received in respect of the petitioner to the effect that he had obtained appointment as constable on basis of fake High School Mark-sheet though he was ineligible, as he had not passed High School Examination. The anonymous and undated complaint is as under : "Mr. Kapoor Director General of Police Uttar Pradesh, Lucknow Respected Sir, Sri Ram Karan Pandey S/o Late Sri R. A. Pandey R/o 62, Rafiyabad, Near Garhi Chauki, Bareilly, working as constable P.A.C., VIIIth Battalion and presently posted at Bareilly. Sri Ram Karan Pandey mis-representing himself as a U.P.P. constable as against P.A.C. and has affixed U.P.P. Board at his main door of the house. In this way he is befooling innocent people and earning a huge undue amount. Apart from the above he is ineligible constable but at the time of his appointment, he submitted fake and false High School Mark-sheet showing as High School passed. Kindly take immediate necessary action. Thanking You. Yours Faithfully XYZ" It is further averred in the counter-affidavit that a preliminary enquiry was conducted in the complaint and report dated 6.11.1995 was submitted. It is stated in this report that the Madhyamik Shiksha Parishad, U. P., Allahabad, vide their letter dated 5.8.1995, gave the following details in respect of High School Examination of the petitioner : ...[VERNACULAR TEXT OMMITED]...;