Hon’ble Anil Kumar, J.—Heard Sri Amit Bose, learned counsel for petitioners and Sri Badrul Hasan, learned Standing Counsel and perused the record.

2. Facts in brief of the present case are that the father of petitioner No. 2 and husband of petitioner No. 1, Late Sri Kishna Pal Singh while working as Constable Armourer in U.P. Police, placed under suspension by order dated 11.5.2003, dismissed from services by order dated 12.8.2003 passed by Senior Superintendent of Police, Aligarh.

3. Aggrieved by the order dated 12.8.2003, Sri Krishna Pal Singh approached this Court at Allahabad by filing Writ Petition No. 38957 of 2003 (Krishna Pal Singh v. State of U.P. and another). On 3.9.2003, an interim order passed, quoted hereinbelow:

“The petitioner is only being tried and apparently has not yet been convicted. Therefore the dismissal order dated-12.8.2003 is wholly misconceived. Such an order could have been passed after departmental enquiry and not otherwise. Standing counsel may therefore file counter-affidavit within one month. List thereafter.

In the meantime the impugned order dated 12.8.2003 will remain stayed.”

4. Accordingly, Sri Krishna Pal Singh started working and disc