Manju Devi Police Sub Inspector vs State Of U.P. Thru Prin.Secy.Home ... on 15 September, 2022
6. The petitioner, who is working on the post of Sub Inspector (Civil Police), appeared in the written examination for promotion as Ranker Sub Inspector (Civil Police) on 13.03.2011. By means of the order dated 19.09.2011, passed by one of the member of the Uttar Pradesh Police Recruitment & Promotion Board, Lucknow, the petitioner alongwith others were disqualified on the ground that during the course of written examination held on 13.03.2011, the petitioner had talked on her mobile phone, though it was prohibited to be kept in the examination hall. The petitioner and others had challenged the said order before this Court at Allahabad in different writ petitions. Writ-A No.56812 of 2011; Head Constable Vijay Mishra Vs. State of U.P. and Others was allowed by means of the judgment and order dated 08.05.2012 on the ground that the impugned order was passed without issuing any show cause notice to the petitioner and in violation of principles of natural justice. A finding was also recorded in the said order that since the mobile phone was prohibited to be taken in the examination hall and the invigilator had not complained that there was any violation on the part of the petitioner, therefore, merely because some talks were made from the said mobile phone, it can not be said that the mobile phone was with the petitioner. It was also considered in the said order that the Board consists of more than one members and only one member was not competent to take decision on behalf of the Board regarding disqualification of candidate.