Court No. - 28
Case :- WRIT - A No. - 19479 of 2018 Petitioner :- Sheesh Pal Respondent :- Union Of India Through Its Secretary Ministry Of Home Affairs, And Another Counsel for Petitioner :- Akhilesh Kumar Srivastava,Pavan Kishore Counsel for Respondent :- A.S.G.I.,Gyan Prakash
Hon'ble Mrs. Sangeeta Chandra,J.
Heard the learned counsel for the petitioner and the learned standing counsel who appears on behalf of the State respondents.
Sri Gyan Prakash has produced a copy of the instructions dated 25.9.2018 sent by the Staff Selection Commission. It refers to a letter of the same date sent by the Staff Selection Commission to the Deputy Inspector General of Police, Group Centre, CRPF, Greater Noida, Gautam Budh Nagar.
It has been submitted by the learned counsel for the respondents that since the petitioner has come after more than five years of the result of review medical examination being declared on 31.7.2012, no records are available with the Staff Selection Commission and the same has been transferred to the CAPF, therefore, no instructions could be made available by the learned CSC. He has also referred to the endorsement in the said letter which says that the review medical examination was held on 28.10.2011 and his result was also declared on 1.8.2013. In similar matters, the High Court of Patna relaying upon the judgment of the Supreme Court in State of U.P. Vs. Arvind Kumar Srivastava decided on 17.10.2014 has rejected the writ petition on the ground of delay and laches.
Learned counsel for the petitioner submits that his case is completely covered by the judgment and order dated 20.8.2018 passed in Writ Petition No. 48354 of 2017 (Ajeet Singh Vs. State of U.P.).
He has already made a representation that is pending before the Authority since 2017, a direction may be issued for his representation dated 9.2.2017 to be decided by the appropriate authority.
Without entering into the merits of the controversy, this writ petition is disposed of with a direction to the competent Authority to decide the representation said to be pending before him since 9.2.2017 in accordance with law within a period of two months from the date a certified copy of this order is produced before him.
The instructions are kept on record.
Order Date :- 27.10.2018 Arif