[2008 (10) ADJ 321]
ALLAHABAD HIGH COURT
BEFORE : D.P. SINGH, J.
PAWAN KUMAR SINGH ......Petitioner
Versus
STATE OF U.P. AND OTHERS ...........Respondents
(Civil Misc. Writ Petition No. 45645 of 2007, decided on 8th December, 2008)
[Paras 69, 74, 75, 77, 85, 96, 97, 100, 108, 109, 113, 118 and 129]
(B) All India Services (Discipline and Appeal) Rules, 1969—Rules 3 and 8—Suspension and disciplinary action under these provisions—Against Central Government officials—Relevant procedure to be adopted—Referred in brief—Conditions when inquiring authority can proceed ex parte—Also stated. [Paras 56 to 58]
(C) U.P. Government Servant (Discipline and Appeal) Rules, 1999—Rules 3, 4 and 7—Suspension, disciplinary enquiry and termination of State Government officials—Brief narration of procedure—Focussed—In the instant case, action by State Government—Found to be unfair.
[Paras 61 to 67]
Hon’ble D.P. Singh, J.—Heard Sri R.N. Singh, Sri Ashok Khare, Sri S.M.A. Kazmi learned Senior Advocates assisted by their instructing counsels; Sri P.S. Baghel; Sri R.B. Singhal and Sri Vijai Gautam, learned counsel appearing for the petitioners in these identical writ petitions challenging cancellation of appointments as constables in the Civil Police, Provincial Armed Constabulary and in the Wireless wing of the Police.
2. Heard Sri V.B. Upadhyay, learned Senior Advocate appearing as a Special Counsel for the State of U.P. assisted by Sri M.C. Chaturvedi, learned Chief Standing Counsel along with other Standing Counsels.
3. Both the parties agree that the issues involved in these cases are identical in nature and can be heard together and disposed off accordingly. For the sake of convenience, with the consent of parties the present writ petition is being treated as the leading petition.
4. These bunch of writ petitions filed under Article 226 of the Constitution of India challenge mass cancellation of recruitments to the post of Constables in Civil Police and Provincial Armed Constabulary (here-in-after referred to as P.A.C.). The cancellation of selection to different posts in the Wireless department of the Police have also been challenged.
5. The recruitment to the posts of Constables in Civil Police and P.A.C are not governed by any statutory rules and all recruitments till date have been carried out on the strength of executive orders and circulars issued by the Government and the Police Headquarters. The recruitments in question have been made under notifications dated 19.5.1998 as amended on 8.6.1998, 10.8.1998 and 8.7.2004. These executive orders were supplemented by instructions dated 6.2.2005, 10.4.2006, 2.7.2006 and 23.9.2006 of the Police Headquarters. However, the recruitment to the Wireless wing is governed by U.P. Police Radio Adhinasthya Seva Niyamawali, 1982 as amended in 2005. These executive instructions and Rules for recruitment provide for inviting applications from eligible candidates through newspaper notifications and for holding physical, written and interview tests.
6. In pursuance thereof advertisements dated 6.1.2005/21.1.2005, 23.7.2005, 1.9.2006 etc. were issued inviting applications for appointment to the aforesaid posts. Lakhs of candidates applied for various posts. The recruitments were conducted by different Recruitment Boards at different cities. For the post of Constables in Civil Police, first recruitment was held at 15 different centres on 17.2.2005 recruiting 6091 constables. The second recruitment in the Civil Police were conducted in 16 centres recruiting 5296 constables on 24.4.2006 and third recruitment was conducted on 6.9.2006 at 10 different centres recruiting 6237 constables. The recruitment to P.A.C. was held on various dates in 2006 at 10 different recruitment centres recruiting about 3380 constables. Likewise, 12,028 candidates were selected for 1086 posts of Radio Sahayak Parichak; 46 posts of Radio Anurakshak Adhikari and 96 posts of Karmshala Karamchari in the Wireless department of the Police.
7. In accordance with the process of selection as provided for in the instructions, the selection was held in three stages. At the threshold were the physical measurement and physical tests followed by written test and then the interview. The physicals were for 100 marks, written of 50 marks while interview was of 20 marks. A candidate, who secured at least 50% in the physical, was allowed to appear for the written examination. All those candidates who secured at least 33% in the written examination were called for interview which did not have any minimum qualifying marks. All the petitioners after passing through the three stage examinations were selected and assigned different training centres and more than majority of them, after successful completion of their training, were inducted in the regular force where they worked to the satisfaction of their superiors.
8. This en
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