Devesh Chand vs State Of U.P. And 5 Others
2021 Latest Caselaw 9182 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 6175 of 2021
 

 
Petitioner :- Devesh Chand
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Mohammad Umar Khan
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Yashwant Varma,J.

Heard Sri Mohammad Umar Khan, learned counsel for the petitioner and Sri Piyush Shukla, learned Standing Counsel for the State-respondents.

The petitioner had participated in a recruitment exercise initiated by the respondents for appointment of Sub Inspectors in Civil Police. According to the petitioner, although he has been duly selected and had also cleared the physical test and completed training, he has not been offered any appointment.

Although, no order in writing has been passed by the respondents, from the writ petition it transpires that the petitioner stands named in three criminal cases. Insofar as the Case Crime No. 24 of 2005 is concerned, according to the petitioner he has been acquitted in that case in terms of the judgment rendered on 14 November 2018. In Case Crime No. 807 of 2020, a final report recommending closure has been submitted. Additionally, the petitioner stands arraigned as an accused in Case Crime No. 272 of 2018. The status of that case is not known.

Undisputedly, in situations like the present it is the principles enunciated by the Supreme Court in Avtar Singh Vs. Union of India and other (2016)8 SCC 471, which would apply. In view of the aforesaid, Sri Shukla, learned Standing Counsel representing the second respondent states that subject to verification of all facts and contentions on merits being kept open, the claim and suitability of the petitioner for being accorded appointment, shall be examined in accordance with law and a final decision communicated with expedition and preferably within a period of four months from the date of presentation of a duly authenticated copy of this order. The statement so made is recorded and accepted.

The petition stands disposed of accordingly.

Order Date :- 30.7.2021

Arun K. Singh

(Yashwant Varma, J.)