Instructions filed today are taken on record.
The present petition has been filed challenging the order dated 01.05.2021, whereby the appointment of the petitioner has been cancelled.
The contention of learned counsel for the petitioner, in brief, is that the petitioner was selected and appointed as Constable on 13.05.2016 in the U.P. Police Department and since then he has been working on the post in question. The petitioner is claiming reservation on the ground of dependent of freedom fighter in terms of the reservation policy. It is claimed that the documents of the petitioner were duly verified on 08.06.2015 (page 74 to the writ petition) and on 08.04.2015 (page 75 to the writ petition). It is claimed that on 10.04.2021, petitioner was served with a notice, calling upon the petitioner once again to produce the documents in support of his claim for reservation as dependent of freedom fighter. In terms of the said show cause, the petitioner filed a detailed reply on 13.04.2021 annexing therein all the documents to establish his claim as dependent of freedom fighter. Despite, furnishing the documents for verification on two occasion, earlier an order dated 01.05.2021 came to be passed observing that before the committee constituted for verification of documents, the petitioner did not appear and on that basis the appointment of the petitioner was cancelled.
Learned Standing Counsel has produced the instructions dated 13.08.2021 to the effect that a committee was constituted for verification of the certificates in relation to the dependents of the freedom fighters, the said report of the committees on record alongwith annexures, wherein name of the petitioner was at serial no.47 and was shown to be absent, the report of the committee is on the basis that the applicant did not appear on 23.02.2017 as such his case is being forwarded for decision on the level of the Board. It is based upon this report that the order impugned has been passed dispensing with the services of the petitioner without even considering the submissions and the documents given by the petitioner on 13.04.2021.
The order impugned shows that as the documents could not be verified, the services of the petitioner are being dispensed with. The order on the face of it, is wholly arbitrary and illegal for the reason that it fails to consider the specific reply of the petitioner given on 13.04.2021. This order is based upon the report of the committee which is to the fact that the matter is to be decided by the Board.
In sum and substance, in the impugned order there is no consideration with regard to the documents of the petitioner showing himself the dependent of the freedom fighter and in the absence thereof the order dated 01.05.2021 is not sustainable and is, accordingly, quashed and the writ petition is allowed.
The petitioner shall be entitled to all the benefits of the services, in accordance with law.
Order Date :- 26.8.2021 Atul