Court No. - 36
Case :- WRIT - A No. - 1082 of 2021 Petitioner :- Ranveer Singh Respondent :- State of U.P. and Another Counsel for Petitioner :- Ambarish Chatterji Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Sri Suryabhan Singh, learned Standing Counsel for the State respondent.
Petitioner is before this Court with a request commanding the respondents authorities to permit the petitioner to join his duties on the post of Constable and pay his salary. With a further request commanding the respondents to pay all the arrears of salary since the punishment awarded from the dismissal of the services to the petitioner and accordingly pay all consequential benefits.
It appears from the record that the petitioner who is a Constable in U.P.Police, was terminated by Superintendent of Police, Lalitpur on 30.5.2019 while he was undergoing training on the ground that the petitioner had passed high school and intermediate examination twice but facts in that regard had been suppressed and on the basis of manipulated and false disclosure petitioner had obtain appointment. The said order was subject matter of challenge in Writ A No. 10701 of 2019 (Ranveer Singh Vs. State of U.P. And 3 Others), which was finally allowed by this Court vide order dated 26.7.2019 and the order dated 30.5.2019 was quashed.
Learned counsel for the petitioner submits in response to the order dated 26.7.2019, the second resopndent has passed the order of reinstatement of the petitioner on 4.9.2019. In response thereof, the petitioner submitted his joining, however, he was not permitted to join his duties. Thereafter, the petitioner was in judicial custody from 6.6.2020 in connection with Case Crime No. 1404 of 2018. Eventually, he was granted bail by this Court on 10.11.2020 in Criminal Misc. Bail Application No. 37194 of 2020 and got released from jail on 21.11.2020. Thereafter, he submitted his joining before the second respondent in the fourth week of November, 2020. Grievance of the petitioner is that in spite of permitting to join duties, salary of the petitioner has not been released by the Authority concerned till date.
In the facts and circumstances, the Court is of the considered opinion once the termination order dated 30.5.2019, which was subject matter of challenge in the aforementioned writ petition was already quashed by this Court and the same acted upon by the respondent authorities without challenge before the Higher Forum, then, the petitioner is entitled for consequential benefits.
In view of the above, on consent and without expressing any opinion on the merits of the issue, this writ petition is disposed of finally asking the petitioner to move an appropriate representation before the second respondent ventilating his grievance within two weeks from today and in case any such representation is being preferred definitely the same would be looked into, examined and the repreive would be extended to the petitioner within two months further time.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The 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 :- 29.7.2021 A.K.Srivastava