Court No. - 6
Case :- WRIT - A No. - 25160 of 2018 Petitioner :- Deepak Rajbhar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Jawahir Yadav Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondent.
This petition has been preferred for a direction being issued to the respondents to send the petitioner for training consequent to his selection on the post of constable. According to the learned counsel, the sole ground of which the petitioner has not been sent for training is the pendency of a criminal case. In the said criminal case, learned counsel point outs that a final report has been submitted in which the complicity of the petitioner has not been found in the course of investigation. The Investigating Officer has accordingly, opined that the name of the petitioner should be removed from the list of accused.
Undisputedly in situations like this, it is the principles enunciated by the Supreme Court in Avtar Singh Vs. Union of India & Ors., 2016 (8) SCC 471 which would apply.
Learned Standing Counsel states that in case the petitioner submits a representation within a period of two weeks from today before the respondent No.5, the same shall be duly considered and disposed of by the said respondent in accordance with law and bearing in mind the principles enunciated by the Supreme Court in Avtar Singh within a period of two months from the date of presentation of a certified copy of this order.
Accordingly and in light of the statement so made and without going into the merit or otherwise of the claim of the petitioner, this petition is disposed of.
Order Date :- 29.11.2018 cks