Shyam Sundar vs State Of U.P. And 7 Others
2023 Latest Caselaw 18063 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:143540
 
Court No. - 34
 

 
Case :- WRIT - A No. - 11481 of 2023
 

 
Petitioner :- Shyam Sundar
 
Respondent :- State Of U.P. And 7 Others
 
Counsel for Petitioner :- Kunal Shah,Suvansit Kumar Jaiswal,Vipul Raj Gautam
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ajit Kumar,J.

The petitioner has approached this Court for not sending him on training even though he has been selected as Sub-Inspector in U.P. Police (Civil Police) under the direct recruitment 2020-21 examination pursuant to the advertisement issued on 24th February, 2021.

It is submitted by learned counsel for the petitioner that petitioner is not being sent for training only on account of pending criminal case arising out of matrimonial dispute between his brother and brother's wife. The case that has been registered as Case Crime No.- 310 of 2021, under Sections 498-A, 323, 506, 406, 354 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station- Mahila Thana, District- Mathura and also Case Crime No.- 0463 of 2022, under Section 304-B, 498-A I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station - Chhata, District Mathura.

It is submitted that later on during investigation police did not find any evidence of truthfulness of the allegations made in the first information report as against the petitioner and accordingly, final report has been submitted in his respect in both the cases on 3rd February, 2022.

Learned counsel for the petitioner also submits that petitioner is still serving as constable in State Disaster Relief Force and is currently posted at Lucknow. He further submits that petitioner has nothing to do with criminal case registered in the matter as he was not connected therewith and that is why police has submitted final report. He submits that his case can be directed to be examined in the light of the guidelines laid down by the Supreme Court in the case of Avtar Singh v. Union of India and others 2016 (8) SCC 471.

Learned Standing Counsel submits that since petitioner has already approached the respondent No.-4 vide an application dated 3rd April, 2023, the same may be directed to be considered and disposed of in accordance with law taking into consideration of relevant judgment passed in the case of Avtar Singh (supra) and the relevant recruitment rules.

In view of the above, this petition stands disposed of with a direction to the respondent No.- 4 to consider the claim of the petitioner strictly in accordance with law and in the light of the judgment passed in the case of Avtar Singh (supra) considering the fact that police has submitted final report in connection with criminal cases in which the petitioner was initially implicated.

Appropriate decision shall be taken by the competent authority within a period of six weeks from the date of production of certified copy of this order.

Order Date :- 19.7.2023

Atmesh