Sunday, December 3, 2023

Allahabad High Court stays cancellation of selection of constable serving as permanent employee for more than four years in UP civil police

In this petition, the Petitioner, who is a confirmed Constable (Civil Police), is before the Court assailing the impugned order dated July 06, 2021 passed by the sixth respondent/Superintendent of Police, Deoria, whereby the selection of the Petitioner on the post of Constable has been canceled.

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The Allahabad High Court has stayed the cancellation of selection of a constable serving as a permanent employee for more than four years in the UP Civil Police.

A Single Bench of Justice Mahesh Chandra Tripathi passed this order on August 12, while hearing a petition filed by Badshah Khan, stating that he is a confirmed Constable in Civil Police and urged the Court to quash the order dated July 6, 2021 passed by the sixth respondent/Superintendent of Police, Deoria, whereby his selection was canceled.

It appears that the petitioner, in pursuance of an advertisement dated May 14, 2013, applied under OBC category (Male) and took benefit of Dependent of Freedom Fighter quota, observed the Court.

Finally, he was selected for the post of Constable in Civil Police notification dated July 16, 2015, and was appointed as Constable on May 18, 2016. After completion of his successful two years’ probation period, he was confirmed on the said post.

Vijay Gautam, Senior Advocate appearing for the petitioner, submitted that the petitioner has already rendered more than four years of satisfactory service and in absence of any departmental proceeding, his freedom fighter certificate could not be doubted.

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Moreover, his services cannot be dispensed with without following the procedure prescribed under Rule 14 (1) of U.P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rules, 1991 and as such, the impugned order unsustainable in the eyes of law.

The Court said the matter requires consideration. The Standing Counsel has accepted notice on behalf of all the respondents. The Court has granted eight weeks’ time to file a counter affidavit. The petitioner will have one week thereafter to file a rejoinder affidavit.

“Till the next date of listing, the effect and operation of the order dated July 6, 2021 shall remain. Meanwhile, the respondents would be at liberty to proceed strictly in accordance with law,” the Court ordered.

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