Chief Justice's Court
Case :- WRIT - C No. - 42391 of 2018 Petitioner :- Ram Murat Singh Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Yogesh Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,Chief Justice Hon'ble Saurabh Shyam Shamshery,J.
The case of the petitioner is that only on initiation of clause under Section 135 of the Electricity Act, 2003, the respondent- District Magistrate, Ballia is not issuing a character certificate.
Before approaching this Court, the petitioner preferred representation to the District Magistrate on 12.8.2018 with specific assertion that he has been falsely implicated in the present case relating to Section 135 of the Electricity Act which is a compoundable offence and further that does not involve any moral turpitude which may be sufficient to deny character certificate.
Having considered the facts of the case, we deem it appropriate to dispose of the petition for writ by directing the District Magistrate, Ballia to examine the entire issue in light of the facts stated in the representation dated 12.8.2018 and by also keeping in mind that the offences under the Electricity Act in normal course, if not made repetitively and are not so serious, that may be sufficient to deny issuance of a character certificate. The District Magistrate shall consider and decide the entire issue, in accordance with law within a period of six weeks from the date the petitioner present certified copy of this order along with a copy of the instant petition for writ before him.
Order Date :- 26.2.2019 Rishabh
(Saurabh Shyam Shamshery, J.) (Govind Mathur, C.J.)