Shesh Narain Awasthy Vs. State of U.P. & Ors.
EmailAppeal: Civil Appeal Nos 2366-67 of 1986.
Petitioner: Shesh Narain Awasthy
Respondent: State of U.P. & Ors.
Apeal: Civil Appeal Nos 2366-67 of 1986.
Judges: E.S. VENKATARAMIAH & B.C. RAY, JJ.
Date of Judgment: Jan 05, 1988
Head Note:
CIVIL SERVICE
Constitution of India, 1950; Article 311 – Termination of services – Appellant alleged to have taken active part in the activities of the Unrecognised Police Karamchari Parishad – No disciplinary enquiry
Held:
Procedure prescribed by Article 311 and the relevant rules applicable to the U.P.Police Force not followed – Order of termination set aside.
Held –
In view of the decision of this court in AJIT SINGH AND ORS. VS. STATE OF HARYANA AND ORS. (1984) Suppl. S.C.C. 708 and another decision of this Court in HARDEEP SINGH VS. STATE OF HARYANA & ORS. JT 1987 (3) S.C. 417 – Writ Petition (C) No. 1615 of 1986 decided on 13.8.1987, this appeal has to be allowed since the order of discharge has been passed without following the procedure prescribed by Article 311 of the Constitution of India and the relevant rules applicable to the UP Police Force. (Para 2)
Cases Reffered:
1. Ajit Singh and Ors v. State of Haryana and Ors., (1984) Suppl. S.C.C. 708.
2. Hardeep Singh v. State of Haryana & Ors., JT 1987 (3) S.C. 417.
2. Hardeep Singh v. State of Haryana & Ors., JT 1987 (3) S.C. 417.
JUDGEMENT:
O R D E R
1. Though the order of termination of the Services of the appellant, who was working as a temporary Police Constable, passed on 27.5.1973 appears to be innocuous, we find that his services have been terminated without holding any disciplinary enquiry on account of the alleged active part that he took in the activities of the Unrecognised Police Karamchari Parishad. This is obvious from the entry made in the character roll of the appellant which reads thus:
“TOOK ACTIVE PART IN THE ACTIVITIES OF UNRECOGNISED POLICE KARAMCHARI PARISHAD AND CREATED DIS-AFFECTION IN THE POLICE. HAS SINCE DISCHARGED”
2. In view of the decision of this court in AJIT SINGH AND ORS. VS. STATE OF HARYANA AND ORS. (1984) Suppl. S.C.C. 708 and another decision of this Court in HARDEEP SINGH VS. STATE OF HARYANA & ORS. JT 1987 (3) S.C. 417 – Writ Petition (C) No. 1615 of 1986 decided on 13.8.1987, this appeal has to be allowed since the order of discharge has been passed without following the procedure prescribed by Article 311 of the Constitution of India and the relevant rules applicable to the UP Police Force.
3. We, therefore, set aside the judgment of the High Court, the judgment of U.P. Service Tribunal and also the order of termination of service passed against the appellant. We direct that he shall be reinstated in service with continuity of Service. He shall be passed 50 percent of the back wages from the date on which his services were terminated till date of reinstatement. The appellant shall be reinstated within four weeks from today. The back wages shall be paid within two months.
4. The appeals are disposed of accordingly.
Appeal allowed.
1. Though the order of termination of the Services of the appellant, who was working as a temporary Police Constable, passed on 27.5.1973 appears to be innocuous, we find that his services have been terminated without holding any disciplinary enquiry on account of the alleged active part that he took in the activities of the Unrecognised Police Karamchari Parishad. This is obvious from the entry made in the character roll of the appellant which reads thus:
“TOOK ACTIVE PART IN THE ACTIVITIES OF UNRECOGNISED POLICE KARAMCHARI PARISHAD AND CREATED DIS-AFFECTION IN THE POLICE. HAS SINCE DISCHARGED”
2. In view of the decision of this court in AJIT SINGH AND ORS. VS. STATE OF HARYANA AND ORS. (1984) Suppl. S.C.C. 708 and another decision of this Court in HARDEEP SINGH VS. STATE OF HARYANA & ORS. JT 1987 (3) S.C. 417 – Writ Petition (C) No. 1615 of 1986 decided on 13.8.1987, this appeal has to be allowed since the order of discharge has been passed without following the procedure prescribed by Article 311 of the Constitution of India and the relevant rules applicable to the UP Police Force.
3. We, therefore, set aside the judgment of the High Court, the judgment of U.P. Service Tribunal and also the order of termination of service passed against the appellant. We direct that he shall be reinstated in service with continuity of Service. He shall be passed 50 percent of the back wages from the date on which his services were terminated till date of reinstatement. The appellant shall be reinstated within four weeks from today. The back wages shall be paid within two months.
4. The appeals are disposed of accordingly.
Appeal allowed.
