Ajay Tomar vs State Of U.P. And 5 Others
2022 Latest Caselaw 3959 ALL

Citation : 2022 Latest Caselaw 3959 ALL
Judgement Date : 24 May, 2022

Allahabad High Court

Ajay Tomar vs State Of U.P. And 5 Others on 24 May, 2022

Bench: Saurabh Shyam Shamshery




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Judgment reserved on 5.5.2022
 
Delivered on 24.5.2022.
 
Court No. - 66
 

 
Case :- WRIT - A No. - 6657 of 2022
 

 
Petitioner :- Ajay Tomar
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Atipriya Gautam,Ishir Sripat,Sr. Advocate,Vinod Kumar Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. Heard Shri. Vinod Kumar Mishra, learned counsel for the petitioner and Shri.P.K.Srivastava, learned Additional Chief Standing Counsel for the State.

2. During arguments, learned counsel for the parties agreed that facts of the present case are similar to the facts of the case bearing Writ-A No. 6654 of 2022, Vishal Kumar Vs. State of U.P. & Ors, decided on 16.5.2022 that the petitioner herein has also not disclosed the details of F.I.R,. (Case Crime No.43/2019 Under Sections 147/323/506/171F I.P.C) lodged against him on 15.4.2019 while submitting the affidavit in the recruitment process for the post of constable. After investigation, Final Report was submitted on 7.6.2019 which was accepted on 31.10. 2020, though the affidavit was filed subsequently on 10.8.2021, the fact of F.I.R. and result thereof was suppressed.

3. This Court has passed the judgment in the case of Vishal Kumar on 16.5.2022, wherein similar circumstances he has relied upon paragraphs nos.38.4.1, 38.4.2 and 38.7 of Avtar Singh Vs. Union of India 2016 (8) SCC 471, as well as paragraph 13 of Pawan Kumar Vs. Union of India & Anr, 2022 SCC Online SC 532, and has allowed the writ petition by condoning the lapse of suppression of fact in the light of fact that after investigation Final Report was submitted which was accepted as the nature of allegations was trivial.

4. In view of the above, impugned order dated 31.3.2022 is set-aside and the writ petition is accordingly allowed relying upon the judgment passed by this Court in Writ-A No.6654 of 2022, Vishal Kumar Vs. State of U.P. & Ors.

Order Date :- 24.5.2022