Shesh Narain Awasthy v. State Of U.P

1. Though the order of termination of the services of the appellant, who was working as a temporary Police Constable, passed on 27-5-1973 appears to be innocuous, we find that his services have been terminated without holding any disciplinary enquiry on account of the alleged active part that he took in the activities of the Unrecognised Police Karamchari Parishad. This is obvious from the entry made in the character roll of the appellant which reads thus:

“Took active part in the activities of Unrecognised Police Karamchari Parishad and created disaffection in the police. Has since been discharged.”

2. In view of the decision of this Court in Ajit Singh v. State of Haryana 1984 Supp SCC 708 and another decision of this Court in Hardeep Singh v. State of Haryana 1987 Supp SCC 295 this appeal has to be allowed since the order of discharge has been passed without following the procedure prescribed by Article 311 of the Constitution of India and the relevant rules applicable to the U.P Police Force.

3. We, therefore, set aside the judgment of the High Court, the judgment of the U.P Service Tribunal and also the order of termination of service passed against the appellant. We direct that he shall be reinstated in service with continuity of service. He shall be paid 50 per cent of the back wages from the date on which his services were terminated till the date of reinstatement. The appellant shall be reinstated within four weeks from today. The back wages shall be paid within two months.

4. The appeals are disposed of accordingly.