Tarun Agarwala - (1.) -The controversy involved in all the writ petitions is common and the same is being decided by a common judgment. For facility and convenience, the facts of Mohan Singh's case are being taken into consideration.
(2.) THE petitioner was reinstated as a Constable in the Provincial Armed Constabulary and was involved in an incident along with others, which became known as the P.A.C. revolt, which occurred on 21/22 5.1973. An F.L.R. was lodged and the petitioner along with others were charged in Case Crime No. 506 of 1973, under Sections 147, 148, 149, 302, 307, 324, 326, 330, 457, 492, 395, 121, 120B and 409, I.P.C. Notwithstanding the petitioners involvement in the aforesaid subversive activity, the services of the petitioner was terminated by an order of the Governor of U. P. dated 14.11.1973 exercising the powers under Article 311 (2) (c) the Constitution of India on the ground that it was not in the interest of security of the State to keep the petitioner in service, and on the same reasoning, the enquiry contemplated under the proviso to sub-clause (2) of Article 311 of the Constitution of India was also dispensed with. The services of some of the other petitioners in connected writ petitions were terminated by providing one month's notice treating them to be a temporary Government servant.
(3.) THE petitioner alongwith others were convicted by a judgment of the trial court dated 23.12.1981. THE petitioner filed an appeal along with others being Government Appeal No. 70 of 1982, which was allowed by the High Court by a judgment dated 21.12.1992 and the petitioner was acquitted. THE State of U. P. preferred a special leave petition, which was dismissed. After his acquittal, the petitioner has filed the present writ petition for quashing of the order of termination dated 14.11.1973 and praying further that he should be reinstated with continuity of service and with full back wages.;