SHASHI KANT GUPTA,J. - (1.) THIS writ petition has been filed for the following reliefs: (i) Issue a writ order or direction in the nature of certiorari quashing the impugned order dated 02-2-2007 as Order no.19 of 2007 passed by S.S.P. Saharanpur against the petitioner (Annexure-2) to this writ petition. (ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to appoint the petitioner on the post of Constables in the U.P. Police after completing the training successfully. By the impugned order dated 02-2-2007, Senior Superintendent of Police, Saharanpur, respondent no.3, has terminated the services of the petitioner under U.P.Temporary Government Servants (Termination of service) Rules, 1975 ( in short "Rules, 1975.)
(2.) THE brief facts of the case are that in September 2005 an advertisement was published by the respondents in the news-papers for direct recruitment of constables in U.P. Police at Saharanpur, Police line. The petitioner applied for the said post and after passing physical test and interview was declared successful and was allowed to undergo the training. The petitioner as per clause-10 of the advertisement ,was required to disclose all the details regarding his criminal antecedents,conduct, character through an affidavit. In pursuant to the same, the petitioner filed his affidavit dated 09-6-2006 and in paragraph 4 he had mentioned that Case crime no.588/05 under sections, 147, 148, 149, 324, 307 and 504 IPC P.S.Charthawal, district Muzaffarnagar was registered against him and the same was pending in the Court. It was further stated that in the said case, compromise was arrived at between the parties,but would be acted upon, after filing of the charge-sheet. It was also mentioned in paragraph 10 and 15 of the affidavit that the petitioner possessed good moral character and has not concealed any material facts. Further, undertaking was given by the petitioner that in case, after his selection, it is found that some material facts have been concealed, he would liable to be dismissed, without any prior notice. For ready reference paragraphs 4,9 and 15 of the affidavit are reproduced below: While when the petitioner was undergoing training, his services were dispensed with under Rules,1975 by the respondent no.3 .
(3.) LEARNED counsel for the petitioner has submitted that before terminating the petitioner from the service neither any opportunity of hearing was given to the petitioner nor provisions of Para 541 of U.P. Police Regulations (in short Police Regulation) was complied with. It was further submitted that the petitioner has mentioned all true and correct facts in the affidavit. There was absolutely no concealment of facts and the termination order is illegal and arbitrary and is liable to be set aside. Learned counsel for the petitioner has further submitted that he has already been acquitted in the criminal case by the court below by judgement and order dated 24-1-2007.;