Banshidhar Pathak vs State Of ...
2023 Latest Caselaw 23685 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:57476-DB
 
Court No. - 1
 

 
Case :- SPECIAL APPEAL No. - 644 of 2014
 
Appellant :- Banshidhar Pathak
 
Respondent :- State Of U.P.Throu.Secy.Secondary Edu.Govt.Of U.P.Lko.And Ors.
 
Counsel for Appellant :- R.D.Shahi,K.M. Shukla
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Om Prakash Shukla,J.

1. Heard learned counsel for appellant and learned Standing Counsel for State-respondents.

2. This special appeal filed under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 has assailed the judgment and order passed by the writ Court in Writ Petition No.8107 (S/S) of 2011 on 12.02.2013.

3. The writ Court having considered the contentions raised by the parties has finally dismissed the writ petition being devoid of merit. It is an observation made by the writ Court that the petitioner-appellant has tried to enter into the department on the basis of forged certificate for the purposes of gaining the employment.

4. Learned counsel for appellant at this stage has submitted that the alleged forged certificates were subjected to a forensic report and the same has been obtained on 03.01.2022 i.e. about more than a year ago, on his objection being raised.

5. The forensic report was not before the writ Court at the time of deciding the writ petition, therefore, unless such a material was placed and considered, the scope of the impugned order for any larger consideration would not lie. It is, thus, left open to the petitioner-appellant to make a review application on the strength of new material which has become available to him and in case any such application is filed, the same is requested to be decided expeditiously, in accordance with law.

6. The special appeal is, accordingly, disposed of.

(Om Prakash Shukla, J.) (Attau Rahman Masoodi, J.)

Order Date :- 28.8.2023

Shubhankar