Vijay Bansal vs State Of U.P. And 4 Others
2016 Latest Caselaw 3057 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- WRIT - A No. - 24479 of 2016
 

 
Petitioner :- Vijay Bansal
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Suresh Chandra Yadav
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pradeep Kumar Singh Baghel,J.

The petitioner is a candidate for the appointment on the post of Constable in Civil Police. He has qualified all the examinations but he has not been sent for training on the ground that a criminal case as Case Crime No.455 of 2014 under sections 341, 392, 394 and 34 IPC registered at Jyoti Nagar, Sahadra, New Dehi,  is pending.

It is contended on behalf of the petitioner that it is the only criminal case which is pending against him and he has been falsely implicated in the aforesaid case.  Learned counsel for the petitioner has placed the reliance on the judgment of the Supreme Court in the cases of Commissioner of Police and others V. Sandeep Kumar, (2011) 4 SCC 644  and Ram Kumar Vs. State of U.P. and others, 2011 (4) ESC 634 (SC) wherein the Supreme Court has held that the pendency of a criminal case  is not enough  to cancel the candidature.

Learned counsel for the petitioner has also drawn the attention of the Court to various interim orders in the matter of similarly placed persons.

In view of the above, it is provided that the petitioner may be permitted to join the training. However, in the appointment letter, it would be recorded that his appointment shall abide the result of the writ petition.

Supplementary affidavit is taken record.

Learned Standing Counsel is granted two months time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.

List after expiry of the aforesaid period.

Order Date :- 26.5.2016

AU