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2009 Supreme(All) 1184

SHASHI KANT GUPTA
MOHD. GAYASUDDIN – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
S.M.N. Abbas Abedi, Hari Om Khare, T.K. Mishra for the Petitioner; K.R. Singh and S.C. for the Respondents.

JUDGMENT

Honble Shashi Kant Gupta, J.—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 2.2.2007 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 2.2.2007, 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 newspapers 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.

3. The petitioner as per clause-10 of the advertisement was requi




























































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