Court No. - 6
Case :- WRIT - A No. - 25039 of 2018 Petitioner :- Pramod Prajapati Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Jyoti Bhushan 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 Constable.
According to the learned counsel for the petitioner the sole ground which has weighed with the respondents in refusing to send him for training is that he was initially named as an accused in case crime No. 867 of 2014. According to the learned counsel, in the said criminal case a charge sheet was submitted on 01 April 2015. However, referring to the same learned counsel points out that the petitioner was not arraigned as an accused. It was in that context, according to him, that there was no obligation on the petitioner to disclose any facts with respect to the said criminal case and that in any view of the matter there could be no allegation of a suppression or misstatement of material facts.
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