Sangeeta Chandra, J. - (1.) This writ petition has been filed by the petitioner challenging the orders dated 18.06.2007 issued by the Deputy Inspector General, PAC, Agra and the order dated 14.12.2007 issued by the Inspector General of Police, PAC Western Zone, Moradabad and the order dated 10.06.2008 passed by the Additional Director General of Police, PAC; with a further prayer for issuance of mandamus to the respondents to reinstate the petitioner with full consequential benefits.
(2.) The case of the petitioner as pleaded by her counsel is that the petitioner was initially appointed as a Constable Ministerial [Constable (M)] on 22.11.1996 under the provisions of U.P. Government Servant Dying-in-Harness Rules, 1974 and sent for training and later on promoted as Assistant Sub Inspector (M) in the year 1998. At the time of passing of the impugned order she was posted at District Etawah.
(3.) It so happened that one Avanish Kumar was suspended by the Senior Superintendent of Police, Gautam Budh Nagar on the charge that he had obtained his appointment in police service by forging the records under Dying-in-Harness Rules. Avanish Kumar filed Writ Petition No. 11505 of 2006 challenging his suspension and in the aforesaid writ petition, this Court passed several orders directing the Police Authorities to conduct an enquiry into several such cases reported of persons obtaining appointment under Dying-in-Harness Rules in the police service on forged documents, where the parents of such alleged dependents were either not in police service at all or had superannuated after such service, and had not died in harness, or were still alive and yet their dependents had claimed them to be dead and sought compassionate appointment. This Court passed several orders, one of which was to the effect that certain cases had already been detected, although the number of such fraudulent appointments may be much more and enquiry into individual cases may take time, even several years, therefore, the Police Authorities were directed to require all compassionate appointees to furnish the details regarding the name of father/mother/employee said to have died in harness, and the post on which he was functioning and other identification details as may be necessary, date of death of the employee along with documentary evidence with respect to working and expiring during such working, and copies of all certificates to be attested by the employee himself with regard to his qualifications as well as other entitlements, and a statement also to the effect that no other dependent person had been offered appointment on compassionate grounds. Such affidavits/written information given by each and every such compassionate appointees was to be verified and then alone salary of such an employee was to be released by the Drawing and Disbursing Officer after verification that no fraud was noticed.;