ARUN TANDON,J. - (1.) This intra-court appeal is directed against the judgment and order of the learned Single Judge dated 13.7.2012 passed in Civil Misc. Writ Petition No. 399 of 2012. The relevant facts for deciding the appeal are as under:
(2.) Avtar Singh the writ petitioner-respondent was appointed in Uttar Pradesh Police Service as Constable in the year 2006, after selection, he was sent for training and while he was under training, an order was passed by the Commandant 37th Battalion, PAC, Kanpur, stating therein that the service of the petitioner are being terminated in terms of the U.P. Temporary Government Servant (Termination of Service) Rules, 1975, inter-alia on the ground that at the time of submission of the application form, he was facing trial in criminal case under Sections 147, 149, 436, 427 and 307 read with section 7 of the Criminal Procedure Code, 1973 he surrendered in that case on 31st March, 2005 and was admitted to bail on 1.4.2005. The pendency of the said criminal case was deliberately concealed in the application form.
(3.) The petitioner challenged the said order by filing writ petition and contended before the Court that he has been acquitted of the criminal charges vide judgment and order dated 21.5.2011 and therefore. He prays for quashing of the termination order nearly after 6 years of such termination. The writ petition was disposed of requiring the Director General of Police to examine the grievance of the petitioner. The Director General of Police vide order dated 16.12.2011 rejected the application of the petitioner for revocation of his termination. The Director General of Police, further found that the petitioner was also involved in another criminal case being criminal case No. 218 of 2007 under Sections 420, 467, 468, 471 I.P.C. which was still pending.;