Court No. - 6
Case :- WRIT - A No. - 3616 of 2021 Petitioner :- Ankit Kumar Respondent :- State of U.P. and Another Counsel for Petitioner :- Sujeet Kumar Rai Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
The present petition has been filed challenging the order dated 25.11.2020 whereby the appointment of the petitioner has been rejected on the ground of pendency of a criminal case against him and the petitioner was not found suitable even in the light of judgment of Supreme Court in Avtar Singh Vs. Union of India and Others; (2016) 8 SCC 471.
The contention of counsel for the petitioner is that the petitioner applied for recruitment to the post of Police Constable (Civil) in U.P. Police Direct Recruitment, 2018 and was selected. However, at the time of police verification, it was reported that a case was lodged by one Vijendra Kumar on 09.09.2017, under Sections 363, 366 of I.P.C. and Section 7/8 P.O.C.S.O. Act registered as Case Crime No.364 of 2017, Police Station Chhaprauli, District Baghpat. It is stated that the matter was investigated, a final report was filed, wherein, it was specifically stated that no offence was found to have been committed by the petitioner. The said final report is on record as Annexure No.3 to the writ petition. It is further argued that subsequent to the filing of the said final report an application was filed under Section 319 Cr.P.C. for summoning the petitioner, however, the same was not pressed and an order to that effect was passed by the Sessions Judge on 07.01.2021 (Annexure No.6).
In sum and substance, the submission is that as on the date of police verification, no case was pending against the petitioner and as the final report had already been filed in respect of petitioner, the rejection of appointment of the petitioner on the ground of pendency of the Case Crime No.364 of 2017 is bad in law.
I have perused the impugned order which records that a case was registered against the petitioner being Case Crime No.364 of 2017 and considering the nature of offence lodged against the petitioner, it is found that the petitioner would not be suitable for absorb in the police services. The said order is based upon the fact that Case Crime No.364 of 2017 is pending against the petitioner, whereas, the final report on record clearly indicates that as on the date of the passing of the order dated 25.11.2020, no case was pending against the petitioner as such I have no hesitation in holding that the order dated 25.11.2020 is perverse and based upon facts which were not existent. Accordingly, the said order is set aside with direction to consider the appointment of the petitioner in the light of final report passed in favour of the petitioner, the subsequent developments, if any, that may have taken in the said Case Crime No.364 of 2017.
The said exercise shall be carried out by the respondent no.2, Senior Superintendent of Police, Moradabad, within a period of three months from the date of filing of a copy of this order before him.
The writ petition is disposed off in terms of the said order.
Order Date :- 24.8.2021/Atul