Allahabad High Court
Vinit Kumar Giri vs State Of U.P. And 2 Others on 1 August, 2022
Bench: Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 33
Case :- WRIT - A No. - 49042 of 2017
Petitioner :- Vinit Kumar Giri
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Santosh Kumar Pandey,Randhir Jain,Sandeep Kumar Keshari,Vikrant Pandey
Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J.
(1) Heard the learned counsel for the parties and perused the record.
(2) This petition has been filed by the petitioner for quashing of the order dated 04.09.2017 passed by the Respondent no.3, District Magistrate, Ballia, and for a direction to be issued to the Respondent no.3 to issue Appointment letter to the petitioner for the post of Lekhpal.
(3) It is the case of the petitioner that he has participated in the selection for the post of Lekhpal in pursuance to Advertisement dated 03.07.2015. At the time of verification of antecedents two FIRs had been lodged against him. In one of them the Investigating Officer had filed Final Report but in the other a criminal case was pending in the Trial Court. When he did not get the Appointment letter he approached this Court by filing a Writ-A No.29192 of 2017 [Vinit Kumar Giri Vs. State of U.P. and others] which was disposed of by this Court's order dated 10.07.2017 directing the District Magistrate, Ballia to take a decision with regard to the suitability of the petitioner and pass appropriate orders. The District Magistrate/ Collector, Ballia has passed the impugned order wherein he has stated that the petitioner was accused in two FIRs and in one of them in Case Crime No.210 of 2008, under Sections 147, 323, 504, 452 IPC a Charge-sheet has been submitted on 01.11.2008 and the Trial was pending before the Competent Court. The District Magistrate, Ballia found that one Criminal Trial was pending therefore, he did not find the petitioner suitable for appointment as Revenue Lekhpal and rejected his case.
(4) It has been submitted by the learned counsel for the petitioner that the petitioner has been subsequently acquitted by the learned Chief Judicial Magistrate, Ballia, in Criminal Case No.1903 of 2008 in Case Crime No.210 of 2008 by his order dated 06.03.2021 and no Appeal has been filed by the State respondents against such order acquitting him, as per his information.
(5) This petition is finally disposed of with a direction to the Respondent no.3-District Magistrate, Ballia to reconsider the case of the petitioner for appointment as Revenue Lekhpal in pursuance of selection held in 2015 taking into account the acquittal order dated 06.03.2021. The District Magistrate, Ballia, shall consider the case of the petitioner keeping in mind the Larger Bench decision of the Supreme Court in the case of Avtar Singh Vs. Union of India and others reported in (2016) 8 SCC 471. The petitioner shall file a Representation annexing a copy of the acquittal order and also a copy of the judgment rendered in Avtar Singh's case within a period of two weeks from today. If such Representation is filed, the District Magistrate, Ballia, shall take appropriate decision by passing a reasoned and speaking order within a further period of eight weeks.
(6) The order impugned in respect of the petitioner shall abide by the final decision taken by the District Magistrate, Ballia on the representation of the petitioner.
Order Date :- 1.8.2022
PAL
