Court No. - 6
Case :- WRIT - A No. - 24198 of 2018 Petitioner :- Homesh Kumar Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Vijay Gautam,Mohammad Fahad Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
This petition has been preferred seeking a direction for the petitioner being sent for training consequent to his selection on the post of Police Constable.
According to the learned counsel for the petitioner the sole ground which appears to have weighed with the respondents in refusing to send him for training is the pendency of the criminal case No. 311 of 2015 in which the petitioner has ultimately been acquitted on 19 June 2018. Additionally learned counsel refers to the attestation form executed by the petitioner in which the pendency of this case was duly disclosed.
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 seventh respondent, 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 :- 28.11.2018/faraz