Allahabad High Court
Dheeraj Yadav vs State Of U.P. And 3 Others on 6 July, 2021
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 33
Case :- WRIT - A No. - 6738 of 2021
Petitioner :- Dheeraj Yadav
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Dileep Singh Yadav
Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner, although, was selected for appointment to the post of Constable in U.P. Police, pursuant to recruitment exercise of the year 2015, but ultimately appointment has been denied to him on account of his implication in Case Crime No.1402 of 2016, under Sections 376, 354A of IPC read with Section 3(2) of the SC/ST Act and Section 7/8, 3/4 of the POCSO Act. Learned counsel for the petitioner submits that petitioner has already been acquitted in the aforesaid matter on 10th March, 2021.
Learned Standing Counsel has invited attention of the Court to the acquittal order, as per which the victim herself had turned hostile. The statement of victim under Section 164 Cr.P.C. is extracted in the judgment, in which the allegations against the petitioner have been specifically reiterated with regard to commissioning of rape. It is at the stage of trial that this witness has turned hostile.
This Court is not clear as to what prevailed, which led to the witness turning hostile. The charge levelled against the petitioner was serious. This Court in Writ Petition No.7114 of 2020 (Sanny Kumar Vs. State Of U.P. And 4 Others), decided on 19.3.2021, has noticed various aspects, and it is observed that mere acquittal would not lead to a definite conclusion that the candidate is fit to be appointed and discretion vests with the appointing authority to consider all circumstances and to decide whether the candidate is fit to be appointed or not. In the facts of the present case, the appointing authority has noticed the factum of filing of chargesheet against the petitioner in serious offence. Even the acquittal order makes it explicit that the victim in her statement under Section 164 Cr.P.C. had made specific allegation of rape against the petitioner. The acquittal of petitioner on account of victim having turned hostile would not lead to petitioner's automatic consideration for appointment. The petitioner is claiming appointment in Police Force, which is a disciplined force. It is always open for the appointing authority to form an opinion on the basis of materials brought on record whether the candidate is liable to be considered for appointment or not. On the basis of facts as have been noticed in the acquittal order, there is no doubt that the opinion not to consider petitioner for appointment cannot be said to be based upon extraneous material, nor the satisfaction of authority is vitiated for any reasons. In such circumstances, no interference with the order impugned is called for.
Writ petition, accordingly, is dismissed.
Order Date :- 6.7.2021
Anil
