Allahabad High Court
Anand Prakash vs State Of U.P. And And Another on 21 December, 2022
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 34
Case :- WRIT - A No. - 19435 of 2022
Petitioner :- Anand Prakash
Respondent :- State Of U.P. And And Another
Counsel for Petitioner :- Archana Singh
Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
Heard the counsel for the petitioner and the learned Standing Counsel.
The present petition has been filed challenging the order dated 04.08.2022 whereby the petitioner has been non suited for absorption in the police force in view of the direct recruitment 2018-II on the ground that a criminal case no.106 of 2019 was pending against the petitioner.
The contention of the counsel for the petitioner is that after the selection, the petitioner had filed an affidavit on 27.07.2019 duly disclosing therein that a case was registered against the petitioner vide case crime no.106 of 2019. He argues that a final report was filed in the said case on 13.06.2019 i.e. prior to the date of filing of the affidavit, which has been accepted by the court on 06.01.2022 i.e. a date prior to the passing of the order dated 04.08.2022. He argues that on the basis of the said document that no case was pending against the petitioner on the date when the order came to be passed and in any case the final report was filed even prior to the date on which the affidavit was filed. He further argues that there was no suppression of the material facts as such his case ought to have been considered in the light of the guidelines laid down in the case of Avtar Singh vs Union of India and others, 2016 (8) SCC 471 followed by Pawan Kumar vs Union of India; (2022) SCC OnLine SC 532 and Satish Chandra Yadav vs Union of India and others; Civil Appeal No.6955 of 2022 arising out of Special Leave Petition (Civil) No.20860 of 2019 decided on 26.09.2022.
The Standing Counsel, based upon the instructions, states that a case was registered against the petitioner in which the final report was filed and the same has also been accepted by the court on 06.01.2022.
In view of the submissions and on perusal of the order dated 04.08.2022, it transpires that neither the fact with regard to the acceptance of final report has been considered while passing the order dated 04.08.2022 nor consideration has been accorded as to how the said case registered against the petitioner and closed, would have any adverse effect on the petitioner's joining the force, which is required in terms of the law laid down in the case of Avtar Singh followed by Pawan Kumar (Supra), as such, the impugned order dated 04.08.2022 is set aside. The matter is remanded to the respondent no.2 to pass a fresh order in the case of the petitioner considering the final report, the acceptance of the final report and while according to the said consideration, the respondent no.2 shall also consider the effect of the criminal proceedings on the services sought to be rendered by the petitioner in terms of the mandate of the judgment of the Supreme Court in the case of Avtar Singh followed by Pawan Kumar (Supra). The said order shall be passed within a period of two months.
The writ petition stands disposed off with the said observations.
Order Date :- 21.12.2022
VNP/-
