Court No. - 6
Case :- WRIT - A No. - 23204 of 2018 Petitioner :- Sanjay Kumar Gupta Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Satya Prakash Pandey,Girdhar Prasad Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
This petition seeks the issuance of a direction commanding the respondents to issue an appointment letter to the petitioner on the post of Constable in U.P. Police.
It is not disputed that the petitioner had been duly selected and had also been allotted district Kushinagar for appointment. It is at this stage that the pendency of a criminal case came to light and according to the learned counsel for the petitioner it is this circumstance which has weighed with the respondents in refusing to issue an appointment order. It is not disputed between the parties that in such a situation it is the principles enunciated by the Supreme Court in Avatar Singh Vs. Union of India and others (2016) 8 SCC 471 which would apply and that the claim of the petitioner would have to be evaluated in light of the legal principles elucidated therein.
Learned Standing Counsel states that in light of the above settled legal position, the fifth respondent shall duly taking into consideration the aforesaid aspects including the contention of the petitioner that the criminal case itself has been compromised inter partes and that no adverse circumstance exists which may warrant the respondents not issuing the appointment letter as prayed for. Learned Standing Counsel states that the fifth respondent shall duly evaluate the claim of the petitioner and dispose it of within a period of two months from the date of presentation of a certified copy of this order alongwith a copy of the writ petition and its enclosures.
The statement so made is recorded and accepted. This petition is consequently disposed of.
It is, however, clarified that this Court has not adjudged the merits or otherwise of the claim of the petitioner and all contentions shall be open for the consideration of the fifth respondent.
Order Date :- 29.10.2018 faraz