Rakesh Srivastava, J. - (1.) A show-cause notice, dated 26.06.2001, issued by the Deputy Inspector General of Police, Moradabad Range, Moradabad, requiring the petitioner to show- cause as to why, for the reasons mentioned therein, he be not dismissed from service, is under challenge in the present writ petition.
(2.) On 04.10.1991 an advertisement was issued by the respondents inviting applications for appointment on the post of male and female Sub-Inspectors in Civil Police in the State of Uttar Pradesh. The petitioner submitted his application for appointment on the post of Male Sub-Inspector under 2% sports quota. The petitioner after being subjected to preliminary test, physical test, written examination and interview was declared successful and was thereby selected for training for appointment on the said post. After the petitioner completed his training successfully, by means of letter, dated 07.02.1998, he was appointed on the post of Sub-Inspector in Civil Police and in pursuance thereof the petitioner joined on the said post on 08.02.1998. Since then the petitioner has been discharging his duties as such.
(3.) Certain complaints were received by the State Government with respect to the selection under sports quota. The matter was referred for investigation to Crime Branch of CID, U.P., Lucknow. In his report, the Superintendent of Police, CB-CID, opined that as per G.O., dated 08.05.1987, the petitioner and certain other candidates who had not participated in the National Level Competition were not eligible for appointment under the "sports quota". Dismissal from service along with criminal prosecution of the petitioner besides others, for seeking appointment under the sports category, for which they were not eligible, was recommended. In pursuance of the report submitted by CB-CID, an FIR was lodged at Police Station, Hazratganj on 18.05.1999 against 35 personnel of the U.P. Police Force including the petitioner. The said FIR was registered as Case Crime No. 461/99 under Sections 193/196/218/465/467/468/471/120-B, IPC and Section 13 of the Prevention of Corruption Act, 1988.;