Hon’ble Sudhir Agarwal, J.—In both these matters common questions of law are involved and have been raised and argued, therefore, as agreed by learned counsels for the parties I have heard both the matters together and the same are being decided by this common judgment under the Rules of this Court at this stage.

2. On behalf of petitioners principal submissions have been advanced by Sri A.P. Singh, Advocate which have been adopted by Sri S.K. Mishra, learned counsel appearing for petitioner in Writ Petition No. 1590 (SS) of 2011.

3. In Writ Petition No. 1735 (SS) of 2011 (hereinafter referred to as the “first writ petition”) a writ of mandamus has been sought commanding respondents not to conduct departmental inquiry and withdraw the same in the light of Government Order dated 1.7.1973 (Annexure-4 to the writ petition).

4. In Writ Petition No. 1590 (SS) of 2011 (hereinafter referred to as the “second writ petition”) the petitioner, a Constable in U.P. Police Service, has sought a writ of certiorari for quashing departmental proceeding alongwith charge sheet dated 1.3.2011 (Annexure-1 to the writ petition).

5. The facts, in brief, giving rise to present writ petitions as bo