JUDGEMENT
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(1.)This is an appeal filed under a certificate of fitness granted by the High Court of Judicature at Allahabad under Arts. 132 (1) and 133(1) (c) of the Constitution. It is directed against the judgment and order of a Division Bench of the said High Court pronounced on March 10, 1952, in Civil Misc. Writ no. 7376 of 1951 quashing the departmental proceedings against the respondent and the orders passed therein, namely the order for his dismissal passed by the District Superintendent of Police on December 21, 1948, the order of the Deputy Inspector General of Police passed on June 7, 1949 dismissing his appeal against the order of his dismissal and the order of the Inspector General of Police dated April 22, 1950 rejecting his application for revision. The judgment of the High Court also directed that, if it were desired to proceed against the respondent, the trial should be presided over by a person other than the District Superintendent of Police who gave evidence in the case and also passed the order of dismissal against the respondent and that it should be in strict conformity with the relevant Police Regulations.
(2.)The respondent was a constable in the Uttar Pradesh Police Force and was, at the material time, officiating as a Head Constable and posted in the District of Fatehpur. In December, 1947, sixty candidates had to be selected from the Police Force for training at the Police Training College, Moradabad. The respondent was sent up for selection from the District of Fatehpur. He, however, failed in the Hindi test and was not selected and sixty other candidates were selected for the training.
(3.)On December 8, 1947 a letter, purporting to have been issued from Lucknow, was received in the U. P. Police Head Office at Allahabad intimating that the respondent had been selected for training at the Police Training College. As there were only sixty vacancies and as sixty candidates had already been selected, the Head Office people were led to make enquiries as to how this letter came to be issued from Lucknow. The letter having been placed before the Inspector General of Police, Lucknow, he declared it to be a forgery. As the letter was ostensibly for the benefit of the respondent, it was naturally suspected that it must have been sent by or at his instance.