- (1.) The issue On 7 November 2012, a Division Bench referred the following question of law for resolution by the Full Bench: "Whether a temporary police constable appointed under Section 2 of the Police Act 1861(Police Act), who has not been placed on probation, can be terminated from service in accordance with the Uttar Pradesh Temporary Government Servants (Termination of Service) Rules, 1975(Police Regulations) or whether the procedure provided under Para 541 of the Police Regulations dealing with the constables on probation shall be applicable"
(2.) The issue before the Full Bench, turns upon the interpretation of the provisions of the Police Act and of the Police Regulations. The issue is whether a person, who has been appointed as a police constable on a temporary basis, is entitled to the benefit of Regulation 541 of the Police Regulations. The constables who are before this Court, contend that the services of a person who is appointed on a temporary basis, can be dispensed with only in accordance with the procedure prescribed by Regulation 541. Contrary to this, is the position which has been adopted by the State, which is that the services of a person who has been appointed on a temporary basis are not governed by Regulation 541 which applies only to probationers, and that the Rules framed by the State under Article 309 of the Constitution, called the Uttar Pradesh Temporary Government Servants (Termination of Service) Rules, 1975(Rules of 1975) would apply. The Police Act 1861 The Police Act was enacted in the aftermath of the Mutiny of 1857. The Act received the assent of the Governor-General on 22 March 1861. The long title describes it as "an Act for the regulation of police". The Preamble states that 'it was expedient to re-organise the police and to make it a more efficient instrument for the prevention and detection of crime.' The Act and the Regulations were preserved under Section 243 of the Government of India Act, 1935 and by Articles 313 and 372 of the Constitution.
(3.) After the enactment of the Constitution, the police is a state subject under Entry 2 of the State List to the Seventh Schedule. Entry 2, which deals with the police, including railway and village police, is subject to the provisions of Entry 2A of the Union List providing for the deployment of any armed force of the Union or any other force subject to the control of the Union.;