Court No. - 21
Case :- WRIT - C No. - 28 of 2021 Petitioner :- Jai Prakash Singh Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Rajiv Kumar Mishra,Sr. Advocate Anoop Trivedi Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Sanjay Kumar Pachori,J.
Heard Sri Anoop Trivedi, learned Senior Advocate assisted by Sri Rajiv Kumar Mishra, learned counsel for the petitioner and learned Standing Counsel for the State.
By means of the present writ petition, petitioner is before this Court assailing the order dated 10.12.2020 passed by the second respondent, whereby, the petitioner's application for issuance of character certificate has been rejected.
It appears from the record that the petitioner had earlier approached to this Court by preferring Writ C No. 10838 of 2020 (Jai Prakash Singh Vs. State of U.P. And 3 Others) assailing the order of District Magistrate Mau dated 4.6.2020, whereby, his character certificate, to perform contractual work on behalf of the government, had been cancelled. The said writ petition was disposed of vide order dated 6.10.2020 with following observations.
"By means of this writ petition the petitioner has come to this Court challenging the order of the District Magistrate, Mau dated 04.06.2020, whereby his character certificate, to perform the contractual work on behalf of the government, has been cancelled. The character certificate was initially issued on 14.07.2017 for a period of three years. Now period of three years is over.
The writ petition appears to have become infructuous. However, the claim of the petitioner is that, without calling for any fresh report from the police, cancellation of the character certificate on the basis of two cases in which final reports have already been submitted by the police and the same is pending consideration before the court concerned is totally illegal.
Since the term of the earlier character certificate has already expired, we deem it proper that the District Magistrate, Mau may consider the grievance of the petitioner a fresh for grant of fresh character certificate to the petitioner without being influenced by the order impugned dated 04.06.2020, after calling for a fresh police report with regard to the petitioner, within a period of two months strictly in accordance with law.
With the aforesaid observation/direction, the present writ petition is disposed of. "
In response thereof, the order impugned has been passed, wherein, the respondent has denied the claim of the petitioner for issuance of the character certificate in the light of Government Order dated 5.1.2007.
Sri Anoop Trivedi, Senior Advocate vehemently contended that in most arbitrary manner the competent authority while rejecting the claim, has relied upon Government Order dated 5.1.2007. He submits that the said Government Order restrains the Authority only in the backdrop, wherein, the incumbent is indulged in mafia activity, goonda activity or involved in gangster activity. In the present matter, the petitioner was involved only in solitary case, i.e., Case Crime No. 144/2019, under Sections 419, 420 IPC. Even in the said proceeding, final report has been submitted to the competent court, which was based upon categorical report submitted by the Executive Officer, Nagar Palika Parishad, wherein, he has indicated the experience certificate was rightly issued. Previously, the character certificate was issued on 14.7.2017 for a period of three years, which was liable to be extended. But, in most arbitrary manner, in collusion with the other rival contractors, the rightful claim of the petitioner has been denied so that he may be artificially restrained to participate in future Government bids.
Per contra, learned Standing Counsel submits that the order impugned is strictly in consonance with the Government Order and is liable to be upheld.
Heard rival submissions and perused the record. So far as the factual and legal aspects, while disposing the aforementioned writ petition, the Division Bench of this Court has clearly proceeded to observe to the following effect.
"However, the claim of the petitioner is that, without calling for any fresh report from the police, cancellation of character certificate on the basis of two cases in which final reports have already been submitted by the police and the same is pending consideration before the court concerned is totally illegal.
Since the term of the earlier character certificate has already expired, we deem it proper that the District Magistrate, Mau may consider the grievance of the petitioner a fresh for grant of fresh character certificate to the petitioner without being influenced by the order impugned dated 04.06.2020, after calling for a fresh police report with regard to the petitioner, within a period of two months strictly in accordance with law. "
In the facts and circumstances, we are of the considered opinion so far as the criminal case which was instituted against the petitioner, a final report has already been submitted on the basis of categorical report submitted by the Executive Officer, Nagar Palika Parishad, wherein, the charges were found to be frivolous and incorrect. Moreover, in the present matter, in most arbitrary the Government Order dated 5.1.2007 has been relied upon, which is not attracted in the present matter.
In view of the aforesaid discussion, we are of the considered opinion that the order dated 10.12.2020 cannot sustain and the same is accordingly set aside. The matter is relegated to the District Magistrate, Mau to look into the grievance of the petitioner and pass a fresh order strictly in accordance with law in the light of observations so made by this Court within three weeks from the date of production of a copy of this order before him.
The writ petition is accordingly allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Authority/Official shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 8.1.2021 A.K.Srivastava