PUSHPENDRA SINGH Vs. STATE OF U.P.
LAWS(ALL)-2007-10-173
HIGH COURT OF ALLAHABAD
Decided on October 01,2007

PUSHPENDRA SINGH Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

RAKESH TIWARI, J. - (1.) HEARD counsel for the parties and perused the record. The petitioner who was appointed as Police Constable has come up in this writ petition against the order of termination of his services dated 12.9.2007 passed by the Senior Superintendent of Police, Agra. The counsel for the petitioner submits that since the fundamental right of the petitioner as guaranteed under Article 311(2) of the Constitution has been violated, hence he has come up in this writ petition before this Court.
(2.) HE also submits that Rule 8(2) of the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 provides that no Police Officer shall be dismissed, removed or reduced to rank except after proper inquiry and disciplinary proceedings as contemplated in the enquiry. The counsel for the petitioner further submits that the petitioner has not been afforded an opportunity of hearing before passing the impugned order of termination hence, the principle of natural justice has been violated.
(3.) IN support of the aforesaid contention he has placed reliance upon the following rulings. 1. (2002) 1 UPLBEC -705 Pradeep Kumar Singh v. U.P. State Sugar Corporation and Anr. And 2. (2006) 3 UPLBEC 2569 Sadan Lal v. State of U.P. and Ors.;


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