Karmveer Singh vs State Of U.P. And 3 Others
2023 Latest Caselaw 10611 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- WRIT - A No. - 6200 of 2023
 

 
Petitioner :- Karmveer Singh
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Shiv Kumar Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Srivastava,J.

Heard Shri Shiv Kumar Singh, learned counsel for the petitioner and learned Standing Counsel for the State respondents.

Present petition has been filed seeking the following relief:-

"I. To issue a writ, order or direction in the nature of mandamus commanding the respondents to reinstate the petitioner and restore his service in U.P. Home Guards, with all consequential benefits."

It is the case of the petitioner that he was initially appointed as Home Guard in the year 1986 under District Commandant, Bijnor. However an F.I.R. was lodged on 15.11.2001 by the District Commandant, Home Guards against the petitioner and thereafter the services of the petitioner were orally dispensed with without conducting any inquiry or without granting any opportunity of hearing or issuing any notice or charge-sheet to the petitioner in wholly arbitrary and illegal manner. In pursuance to the F.I.R., Criminal Case No. 4456 of 2017 (State versus Sarvesh Kumar and 7 Others) under Section 332 and 504 I.P.C. Police Station-Kotwali Shahar, District-Bijnor was instituted as Case Crime No. 881 of 2001. However, the petitioner was acquitted in the said case vide judgment and order dated 11.11.2022. Learned counsel for the petitioner has placed reliance upon the judgment of the Apex Court in Civil Appeal No. 5930 of 2022 (The State of Rajasthan and Others versus Phool Singh and Others) wherein it has been held that if the delinquent is acquitted on merits, he has to be reinstated in service.

The petitioner preferred a representation dated 27.12.2022 for his reinstatement before the respondent no. 4, but the same is still pending consideration.

Learned Standing Counsel has opposed the prayer so made by the petitioner, but could not dispute the aforesaid contention as raised by the counsel for the petitioner.

Without entering into the merits of the case, if there is no other legal impediment available, the respondent no. 4 is hereby directed to decide the representation dated 27.12.2022 as expeditiously as possible, preferably within a period of three months from the date of production of certified copy of this order.

The writ petition stands disposed off, accordingly.

Order Date :- 11.4.2023

SY