Court No. - 13
Case :- WRIT - A No. - 17005 of 2008 Petitioner :- Constable No.408 Digamber Singh Respondent :- State Of U.P. And Others Counsel for Petitioner :- Shailendra,Pradeep Kumar Bhardwaj Counsel for Respondent :- C.S.C.
Hon'ble Ajit Kumar,J.
This writ petition is directed against the the order dated 07th March, 2008 whereby recruit constable, namely, petitioner was not permitted to join the course of training on account of pendency of criminal case. Although, no criminal case has been mentioned in the impugned order, but in para 4 of the counter affidavit, it has been stated that against the constable C.P. No. 408 Digambar Singh criminal case no. 318 of 2003 under Section 147,148,302,201, 223 and 504 IPC was registered and that is the reason why he was not sent for training.
While entertaining the writ petition, this Court had passed interim order on 1.4.2008 in following terms:
"As an interim measure respondents shall permit the petitioner to go on training provisionally for the purposes of promotion as head constable but his result shall not be declared, and shall be subject to the decision of the writ petition."
Learned counsel for the petitioner has brought on record the judgement and order dated 23.2.2015 passed in criminal appeal no. 1397 of 2010 in which the petitioner has been acquitted of the charges in connection with criminal case no. 318 of 2003 under Section 147,148,302,201, 223 and 504 IPC which has come to be referred in internal page 2 of the judgment (supra).
Learned Standing Counsel has not disputed the judgment.
In view of the fact that the appellant has stood acquitted in criminal case during pendency of the writ petition and it is but for this criminal case applicant was not sent for training, the very reason for passing the impugned order has now disappeared.
In view or above, writ petition is allowed. The impugned order dated 7th March, 2018 is hereby quashed. Since petitioner has already undergone training under the interim order of this Court, it is directed that his final result shall be declared with consequential effects.
Order Date :- 31.5.2018 Sanjeev