Court No. - 6
Case :- WRIT - A No. - 24935 of 2018 Petitioner :- Syamuakumar Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Suresh Bahadur Singh,Sanjeev Singh Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
This petition calls in question an order dated 04 November 2018 pursuant to which the selection of the petitioner has come to be annulled on the ground that he had concealed material facts with respect to his involvement in a criminal case.
According to the respondents the petitioner stood accused in case crime No. 369 of 2016. As per the petitioner's own disclosures, a charge sheet in the said case was filed on 26 September 2016. The attestation form is stated to have been executed by the petitioner on 04 June 2018. However admittedly there was no disclosure of the pendency of this case. The explanation which is forwarded by the petitioner is that he was never arrested in connection with this case nor was he aware of the pendency of these proceedings. Additionally it is asserted that the impugned order has come to be passed in violation of principles of natural justice since according to the petitioner he was never granted opportunity to show cause against the proposed action. The learned counsel has further drawn the attention of the Court to the fact that on 06 July 2018 the petitioner has been acquitted in the said criminal case.
Before this Court it is not disputed that the impugned order came to be passed without affording any opportunity to the petitioner to show cause. Resultantly it appears that the petitioner was never able to represent and establish before the respondents that he was not aware of the pendency of this case and that in any case he stood acquitted on the date when the impugned order came to be passed.
Faced with this situation, learned Standing Counsel submitted that rather than keeping the petition pending on the Board of this Court, the ends of justice would merit the third respondent being permitted to re-evaluate the contentions as addressed by the petitioner and to decide his claim bearing in mind the principles enunciated by the Supreme Court in Avtar Singh Vs. Union of India and Others, 2016(8) SCC 471.
Accordingly and without going into merits or otherwise of the contentions advanced, this petition shall stand disposed of with the direction that in case the petitioner represents the third respondent within a period of two weeks from today disclosing and bringing on record before him all relevant material in support of his contentions which are noticed above, his candidature shall be duly evaluated and the third respondent shall reconsider the entire matter in accordance with law. The third respondent shall endeavour to conclude the proceedings within a period of one month from the date of presentation of a certified copy of this order alongwith the representation which the petitioner proposes to file.
The order impugned in this petition shall in consequence abide by the fresh decision, which the third respondent shall take.
Order Date :- 27.11.2018 faraz