Ashish Singh vs State Of U.P. And 3 Others
2021 Latest Caselaw 7014 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- SPECIAL APPEAL No. - 136 of 2021
 
Appellant :- Ashish Singh
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Appellant :- Hritudhwaj Pratap Sahi,Gautam Baghel, V.K. Singh Senior Advocate
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice
 
Hon'ble Piyush Agrawal,J.

By this appeal, a challenge is made to the order dated 20.01.2021 passed by learned Single Judge whereby the writ petition preferred by the appellant was dismissed.

It is a case where appellant was appointed on the post of Assistant Operator against the quota meant for dependent of Freedom Fighter. After his appointment, an order was issued on 19.09.2007 to cancel his appointment. It was precisely on the ground that freedom fighter certificate produced by the petitioner was not found in the record of office of District Magistrate, Kanpur Nagar and Kanpur Dehat. Precisely, on that ground, the appointment of the petitioner was cancelled.

We find that though the verification was sought by the respondents to find out issuance of the certificate but merely for the reason that no record was found, it could not have resulted in cancellation of the appointment when the District Magistrate has otherwise certified appellant to be dependent of Freedom Fighter. The certificate was earlier given to the appellant by the District Administration and if they fail to keep record for it, cannot be taken to be as a default of the appellant herein. The appellant is not custodian of the record but an applicant to seek certificate based on imprisonment to his grandfather in the year 1941. The position of the fact would have been different if subsequently the District Administration would not have certified the appellant to be dependent of the Freedom Fighter. The fact is that the District Administration has endorsed the appellant to be a dependent of Freedom Fighter.

In view of the above, learned Standing Counsel could not clarify as to why the fact aforesaid was not taken into consideration by them before passing the order for cancellation of the appointment.

It is true that one should not get appointment based on forged documents but at the same time, it is necessary to find out whether the forgery has in fact committed by the candidate or not. In the instant case, when the District Administration has certified the appellant to be dependent of Freedom Fighter, non-availability of the record regarding issuance of the certificate per se could not have resulted in cancellation of appointment of the appellant. It is otherwise a fact that the appellant is in service for the last 14 years pursuant to the interim orders passed by learned Single Judge. The appellant has been certified to be dependent of the Freedom Fighter.

Accordingly, we are inclined to allow this appeal and for that, set aside the judgment of learned Single Judge dated 20.01.2021 so as the impugned order dated 19.09.2007.

With the aforesaid, the appeal is allowed.

Order Date :- 5.7.2021

Shubham

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(Piyush Agrawal, J.) (Munishwar Nath Bhandari, A.C.J.)