Hon'ble Dr. Dhananjaya Yeshwant Chandrachud, C.J.—The issue

On 7 November 2012, a Division Bench referred the following question of law for resolution by the Full Bench:

“Whether a temporary police constable appointed under Section 2 of the Police Act 1861 (Police Act), who has not been placed on probation, can be terminated from service in accordance with the Uttar Pradesh Temporary Government Servants (Termination of Service) Rules, 1975 (Police Regulations) or whether the procedure provided under Para 541 of the Police Regulations dealing with the constables on probation shall be applicable”

2. The issue before the Full Bench, turns upon the interpretation of the provisions of the Police Act and of the Police Regulations. The issue is whether a person, who has been appointed as a police constable on a temporary basis, is entitled to the benefit of Regulation 541 of the Police Regulations. The constables who are before this Court, contend that the services of a person who is appointed on a temporary basis, can be dispensed with only in accordance with the procedure prescribed by Regulation 541. Contrary to this, is the position which has been adopted by the State, which i