Saurav Kumar vs State Of U.P. And 4 Others
2022 Latest Caselaw 1739 ALL

Citation : 2022 Latest Caselaw 1739 ALL
Judgement Date : 28 April, 2022

Allahabad High Court

Saurav Kumar vs State Of U.P. And 4 Others on 28 April, 2022

Bench: Saurabh Shyam Shamshery




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 1982 of 2022
 

 
Petitioner :- Saurav Kumar
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Siddharth Khare,Sr. Advocate
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. Sri Siddharth Khare, learned counsel for petitioner, submits that petitioner has bonafidely disclosed in the affidavit that he was involved in a criminal case, bearing Case Crime No. 0135 of 2015, under Sections 498A, 323, 354, 376, 377, 504, 506 and 3/4 Dowry Prohibition Act, wherein he has been granted bail and appointment letter was also issued by respondents and without following the procedure prescribed for such cases in the Government Order dated 28.04.1958 specifically the provisions mentioned in para 3(a) and (b), respondents are not allowing to join petitioner on the post of Constable in PAC. Learned counsel for petitioner also relied on the judgment passed by this Court in Sonu Yadav vs. State of U.P. and others, (2021)ILR 1All 730 and Nirdesh Kumar vs. State of U.P. and others (Writ-A No. 3062 of 2022), decided on 22.04.2022.

2. Sri Vishal Singh, learned Standing Counsel appearing for State-Respondents, submits that there are serious allegations against petitioner under Sections 498A, 323, 354, 376, 377, 504, 506 and 3/4 Dowry Prohibition Act and it is settled law that if the petitioner desirous to join the disciplined force, he should be a person of impeccable character. However, he further submits that a further opportunity can be granted to respondents to consider the case of petitioner in the light of Government Order dated 28.04.1958 as well as this Court's judgment in Sonu Yadav (supra) and the judgment passed by Supreme Court in Avtar Singh vs. Union of India and others, (2016) 8 SCC 471. .

3. Learned counsel appearing for petitioner has no objection if the writ petition is decided in terms of above statement.

4. In view thereof, the writ petition stands disposed of with the derection to concerned authority that in case a detailed representation/ application is filed by petitioner ventilating his grievance, the same shall be considered in decided in accordance with law expeditiously taking note of above referred judgments.

Order Date :- 28.4.2022