Devendra Mishra vs State Of U.P. And 2 Others
2022 Latest Caselaw 10373 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- WRIT - A No. - 1965 of 2022
 

 
Petitioner :- Devendra Mishra
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Siddharth Khare
 
Counsel for Respondent :- C.S.C.,Ashish Mishra
 

 
Hon'ble Saurabh Shyam Shamshery,J.

This Court has passed following order on 20.7.2022:

"Shri Sidharth Khare, learned counsel for petitioner submits that petitioner while submitting an application for recruitment on the post of a Driver Grade IV (Group C, Class-III), High Court, Allahabad has not disclosed that a criminal trial was pending against him arising out of a complaint case. However, later on, an affidavit was filed wherein he disclosed that trial was pending against him in connection with Complaint Case No.762/2017 (Umashanker Dubey vs. Vimla and others, u/s 506, 427 IPC) and when he was not allowed to join the service, he approached this Court by way of filing instant writ petition. During pendency of this writ petition, respondents have passed the order dated 24.3.2022 whereby petitioner's candidature is rejected and the same is placed on record along with supplementary counter affidavit.

Learned counsel for petitioner further submits that thereafter trial was concluded and petitioner was acquitted granting benefit of doubt. He placed reliance upon a judgment passed by this Court in Writ A No.589 of 2022 (Devesh Chand vs. State of U.P. and others), decided on 7.5.2022 and submits that petitioner's case could be considered in the light of Devesh Chand (Supra).

Ms. Shruti Tanya, learned counsel appearing on behalf of High Court submits that impugned order was passed on the basis of material available and admittedly, it was a case of suppression of facts. However, in view of subsequent events i.e. petitioner is granted acquittal, she will seeks instructions whether case of petitioner could be considered in the light of various judgments passed by the Apex Court and for that, she seeks and is granted four weeks' time.

Put up this petition after four weeks, as fresh. "

Today, on instructions Ms. Shruti Taneja, learned counsel appearing for the High Court submits that Committee is ceased with the matter and it is likely that appropriate decision will be taken expeditiously.

Shri. Siddharth Khare, counsel for petitioner has no objection if this writ petition is disposed of on basis of the aforesaid submission.

In view of the aforesaid submissions, this writ petition is disposed of and it is expected that the committee concerned will take appropriate decision expeditiously, preferably within a period of two months from today.

Order Date :- 17.8.2022

SB