Allahabad High Court
Beer Bahadur Singh vs State Of U.P. And 3 Others on 15 July, 2021
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 6
Case :- WRIT - A No. - 4098 of 2020
Petitioner :- Beer Bahadur Singh
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Suresh Bahadur Singh,Sanjeev Singh
Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
The present petition has been filed alleging that the petitioner applied for recruitment to the post of Constable male and female in the Civil Police and Police Armed Constabulary in the year 2015. It is stated that the examination for recruitment was conducted by the Uttar Pradesh Recruitment and Promotion Board, Lucknow. He states that in terms of the examination conducted, the petitioner was selected as Constable in Civil Police having obtained the cut off marks. Subsequently, the petitioner was found medically fit also and prior to police verification, the petitioner was called upon to fill an affidavit, which was in the prescribed format, in which the petitioner claims that he had disclosed the facts with regard to the two pending cases against him.
It is stated that as the candidature of the petitioner was not being considered, the petitioner approached this Court by filing Writ-A No. 15583 of 2018, which was disposed off vide order dated 25.7.2018 and corrected on 8.8.2018, wherein this Court had directed the authorities to consider the grievances of the petitioner and pass orders in the light of the judgment of Supreme Court in the case of Avtar Singh Vs. Union of India and others; 2016 (8) SCC 471 and the Division Bench judgment of this Court in Special Appeal (Defective) No. 734 of 2016, State of U.P. and others Vs. Vijay Kumar and others) .
It is stated that as the order passed by this Court was not complied, the petitioner preferred a contempt petition and consequent thereto an order dated 26th March, 2019 came to be passed cancelling the candidature of the petitioner on the sole ground that two cases were pending against him being Case Crime Nos. 591 of 2015 and 345 of 2016, which is borne out from the order dated 26th March, 2021 itself.
The submission of the counsel for the petitioner is that despite clear directions given by this Court to consider the case of the petitioner in the light of judgment of the Supreme court in the case of Avtar Singh (supra), the order has been passed without giving any consideration to the directions contained therein. He further argues that even the two cases pending against the petitioner are trivial in nature and in no way would affect the discharge of duties by the petitioner, which aspect although directed to be considered, has not been considered.
A perusal of the said order reveals that the same has been passed without according any consideration to the dictum of the judgment in the case of Avtar Singh (supra). Accordingly, the order dated 26th March, 2019 is set aside. The matter is remanded before the respondent no. 3 to pass fresh orders in the light of the judgment of the Supreme Court in the case of Avtar Singh (supra) as well as the directions given by this Court in the order dated 25.7.2018 passed in Writ Petition No. 15583 of 2018.
It is made clear that the respondent no. 3 shall revisit the issue and pass the order recording a clear finding as to the effect of discharge of duties, by the petitioner, if appointed because of the criminal cases, allegedly pending against him. The said exercise shall be completed by the respondent no. 3 within a period of six weeks from the date of filing of a copy of this order before the respondent no. 3.
The petition stands disposed off in terms of the said direction.
Copy of the order downloaded from the official website of this Court shall be accepted/treated as certified copy of this order.
Order Date :- 15.7.2021
S. Rahman
