- (1.) We have heard learned standing counsel for the appellant. Sri Vijay Gautam appears for respondent.
(2.) This intra court Special Appeal under Chapter VIII, Rule 5 of the Court arises out of judgment of learned Single Judge dated 31.08.2009, by which he has set aside the order dated 25.07.2007 passed by Commandant 41Bn, PAC Ghaziaabad, terminating the services of respondent Praveen Tyagi who was undergoing training for the Constables under the U.P. Temporary Government Servants (Termination of Service) Rules 1975, on the ground that the services of Sri Praveen Tyagi were no longer required.
(3.) Learned Single Judge has found that the background facts in which the order of termination of service was passed, was an incident of misconduct in which the petitioner had left the premises of 6th Bn. PAC where he was undergoing training without taking leave, as also quarrelled with the attendant of the petrol pump. A preliminary enquiry was made in which he was found guilty, and for that instead of taking action against him under the U.P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rules 1991, an order of simplicitor was passed by which his services were terminated.;