WPSS/1654/2021
2021 Latest Caselaw 5358 UK

IN THE HIGH COURT OF UTTARAKHAND
                       AT NAINITAL
     ON THE 28TH DAY OF DECEMBER, 2021
                              BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRIT PETITION (S/S) No. 1654 of 2021

BETWEEN:

Gagan Gunwant.                                   .......Petitioner
       (By Mr. C.K. Sharma, Advocate)

AND:
State of Uttarakhand & others.                  ...Respondents
       (By Mr. N.S. Pundir, Deputy Advocate General for the
       State of Uttarakhand/respondent nos. 1 to 3 and Mr.
       Pankaj Purohit, Advocate for respondent no. 4)


                         JUDGMENT

Petitioner participated in a selection held in 2016 for the post of Assistant Accountant in Department of Finance. According to petitioner, appointment was denied to him on account of pendency of a criminal case for offences punishable under Sections 147, 342, 353, 447, 427, 504 & 506 I.P.C. and Section 7 of Criminal Law Amendment Act.

2. Learned counsel for the petitioner has referred to a judgment dated 16.11.2021 rendered by learned Additional Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar in Criminal Case No. 1461 of 2015. Perusal of the judgment reveals that petitioner, with other accused persons, was acquitted of all the charges as prosecution could not prove its case beyond reasonable doubt.

3. Learned counsel for the petitioner submits that aforesaid judgment rendered by learned Additional Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar has attained finality and there was no other criminal case pending against the petitioner. Learned counsel for the petitioner further submits that the post of Assistant Accountant in Government Treasury at Rudrapur, District Udham Singh Nagar is still lying vacant, therefore, petitioner has a right to be considered for appointment against the said vacancy. He further submits that petitioner has made representation which is pending before District Magistrate, Udham Singh Nagar.

4. Having regard to the facts & circumstances of the case, the writ petition is disposed of with a direction to District Magistrate, Udham Singh Nagar to consider and decide petitioner's representation dated 14.12.2021 (annexed as Annexure No. 9 to the writ petition) as early as possible; but, not later than ten weeks' from the date of production of certified copy of this order alongwith copy of representation.

(MANOJ KUMAR TIWARI, J.) Arpan