Court No. - 6
Case :- WRIT - A No. - 23306 of 2018 Petitioner :- Vikash Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amit Kumar 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 has been preferred seeking issuance of a direction commanding the respondents to appoint the petitioner on the post of Constable consequent to his selection in the recruitment which was held in the year 2015.
Learned counsel for the petitioner has drawn the attention of the Court to the fact that the respondents appear to have not proceeded to consider the candidature of the petitioner on account of pendency of Case Crime No. 568 of 2017 in which the petitioner initially stood named as an accused. However, learned counsel referring to the charesheet which has subsequently been filed has submitted that the Investigating Officer has clearly found and held that the petitioner had been wrongly arraigned. In any view of the matter, the learned counsel submits that the candidature of the petitioner must be considered by the respondents in light of the principles enunciated by the Supreme Court in Avtar Singh Vs. Union of India And Others, 2016 (8) SCC 471.
Learned Standing Counsel submits that in case the petitioner submits a detailed representation appending thereto all relevant materials including the chargesheet ultimately filed, the fourth respondent shall duly evaluate the claim of the petitioner and pass appropriate orders thereon.
Accordingly this petitioner is disposed of with liberty to the petitioner to represent the respondent No. 4 within a period of two weeks from today. In case such a representation is made, the same shall be evaluated and appropriate orders passed thereon in accordance with law bearing in mind the principles enunciated by the Supreme Court in Avatar Singh within a period of one month therefrom.
Order Date :- 30.10.2018 LA/-