Court No. - 6
Case :- WRIT - A No. - 56626 of 2016 Petitioner :- Uma Shankar Respondent :- State Of U.P. And 5 Ors.
Counsel for Petitioner :- Vijay Gautam,Ambarish Chatterji Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard Sri Pranjal Shukla holding brief of Sri Vijay Gautam, learned counsel for the petitioner and learned Standing Counsel.
This petition impugns an order dated 11 April 2016 in terms of which the selection of the petitioner in the Provincial Armed Constabulary has been rejected on the ground of his involvement in a criminal case.
It is not disputed that the pendency of the case was duly disclosed by the petitioner in his affidavit which was executed on 6 October 2015. On the basis of the averments taken in paragraphs 33 to 36 of the affidavit, the learned counsel for the petitioner further contends that the criminal proceedings themselves emanated from a matrimonial dispute between his brother and his sister-in-law. Attention of the Court is further drawn to the final order passed on 20 September 2016 by a learned Judge of the Court on an Application U/S 482 No.- 20887 of 2015 in which the entire proceedings of the said criminal case have ultimately been quashed. The learned Judge has while allowing the said application further noted that the matrimonial dispute had been amicably settled between parties by way of compromise.
Undisputedly in situations like this, it is the principles enunciated by the Supreme Court in Avtar Singh Vs. Union of India & Ors., 2016 (8) SCC 471 which would apply.
Learned Standing Counsel states that in case the petitioner submits a representation within a period of two weeks from today before the competent authority, the same shall be duly considered and disposed of in accordance with law and bearing in mind the principles enunciated by the Supreme Court in Avtar Singh within a period of two months from the date of presentation of a certified copy of this order.
Accordingly and in light of the statement so made and without going into the merit or otherwise of the claim of the petitioner, this petition is disposed of. The order impugned in this petition shall in consequence shall be abide by fresh decision which the respondents shall take.
Order Date :- 28.11.2018 LA/-