COURT NO.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 5519 (S/S) of 2001 (Old Case No. 9300 of 1996) Yogendra Kumar Sharma, son of Sri Ram Kumar Sharma, R/o Village Bhandaura, Post Office Babri, District Muzaffarnagar. ..........Petitioner Versus 1. Police Up Mahanirikshak, Garhwal Parikshetra, Uttar Pradesh. 2. Police Adhikshak, Dehradun. .......Respondents Sri Sharad Sharma, learned counsel for the petitioner. Sri H.M. Raturi, learned standing counsel for the State. Dated: 28.02.2008 Hon’ble P.C. Verma, J. By means of this writ petition, the petitioner has challenged the order of termination dated 03.02.1991 passed in exercise of powers under the U.P. Temporary Government Servant (Termination of Services) Rules, 1975. 2. The petitioner was appointed as Constable after due selection in 1988 and had completed his probation period in January 1991. In February 1991, he was chargesheeted for an office punishable under Section 302 I.P.C. and he was taken into custody and put behind the bar. After two years, he was granted bail. The trial proceeded and resulted into acquittal. These facts have not been denied by the respondents. 3. A perusal of the judgment shows that the petitioner has been honourably exonerated vide judgment and order dated 14th July 1994. During the pendency of the trial the impugned termination order was passed. The appeal was preferred against the termination order which was dismissed on 8th January 1996. After dismissal of the appeal, the present writ petition has been filed. 4. Since the petitioner was duly selected Constable and has completed his probation period, therefore, he cannot be said to have been appointed temporarily. Therefore, exercise of power under the U.P. Temporary Government Servant (Termination of Services) Rules, 1975 was bad in law. Thus, the termination order cannot be sustained in the eye of law. 5. Accordingly, the termination order dated 03.02.1991 is set aside. The writ petition is allowed. The petitioner shall be taken back in service from the date of his joining after this judgment and no salary for the gap period shall be paid to him but the gap period shall be taken into account for the other post retiral benefits. (P.C. Verma, J.) 28.02.2008 RBS