Court No. - 6
Case :- WRIT - A No. - 12970 of 2020 Petitioner :- Vinay Bahadur Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sushil Kumar Shukla Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
Instructions filed today are taken on record.
Heard counsel for the petitioner, Sri Dinesh Kumar Upadhyay, Standing Counsel and perused the record.
The present writ petition has been filed alleging that the petitioner was appointed on compassionate grounds and was called for physical efficiency test, however, was declared unsuccessful in the physical efficiency test.
Counsel for the petitioner argues that the committee which was required to be constituted in terms of Rule 15 (e) of the UP Sub-Inspector and Inspector Inspection (Civil Police) Service Rules, 2008 was not constituted properly and this Court as such has quashed the committee required for taking Physical Efficiency Test, as such, the rejection of the petitioner on the ground of petitioner being unable to qualify the physical and efficiency test losses ground. It is argued that the petitioner had approached this Court and had filed the writ petition being Writ Petition No. 20931 of 2018 which was disposed off vide order dated 28.9.2018 directing the Respondent No. 3 to take requisite steps in accordance with law. In terms of the said order, the representation of the petitioner has been disposed off vide order dated 2.1.2019.
A perusal of the said order shows that it records that despite calling the petitioner for character verification, he has not appeared for the said purpose. Counsel for the petitioner denies that he did not appear for character verification and thus, seeks a mandamus from this Court for an appointment in terms of the Dying in Harness Rules. As the impugned order dated 2.1.2019 shows that the petitioner has not appeared for character verification and the petitioner denies the same, the present writ petition is disposed off with direction that the petitioner shall appear for character verification before the Respondent No.
4 on 7.10.2021 at 11 a.m. along with a web generated copy of this order and if the petitioner appears on the said date, as directed above, the Respondent No. 4 shall take steps in furtherance of the order dated 2.1.2019 and shall pass fresh orders in accordance with law.
It is made clear that this Court has not gone into the merits of the claim of the petitioner at this stage.
The writ petition stands disposed off in terms of the said order.
Order Date :- 29.9.2021 vinay