Subhash Chandra Mishra vs State Of U.P. And 2 Others
2022 Latest Caselaw 720 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 
Case :- WRIT - A No. - 5023 of 2022
 
Petitioner :- Subhash Chandra Mishra
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Nand Lal Pandey,Krishna Chandra Pandey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Heard Sri. Nand Lal Pandey, learned counsel for the petitioner and Sri. Gaurav Singh, learned Standing Counsel.

Learned counsel for the petitioner submits that the petitioner was convicted in a criminal case and during pending criminal appeal before this Court, he approached this Court by way of filing Writ Petition No.29186 of 2017, which was disposed of vide order dated 9.8.2017 with the following observation:

"7 It is, however, provided that as and when the pending appeal is decided or the defence of petitioner is accepted, it shall be open for the petitioner to make an appropriate prayer before the disciplinary authority for his reinstatement in service, which shall be considered, in accordance with law."

Counsel for the petitioner further submits that the Criminal Appeal No.1706 of 2004 filed by the petitioner was allowed vide judgment and order dated 17.11.2021, whereby order of conviction was set-aside, and thereafter he has sent a representation by speed post on 5.12.2021. However, till date no decision has been taken on the said representation. He also fairly submits that he will file a detailed representation along with relevant documents and he will serve by hand to the authority concerned (respondent no.2) within a period of three weeks.

Learned Standing Counsel submits that in case a representation is submitted, along with relevant documents, the authority concerned will take all endeavour to decide the said representation expeditiously.

Learned counsel for the petitioner has no objection if the writ petition is disposed of on above submissions.

Accordingly, in view of the above statement, this writ petition is disposed of.

Order Date:-7.4.2022-SB