Court No. - 38
Case :- WRIT - A No. - 12166 of 2019 Petitioner :- Vishal Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Narendra Kumar Yadav,Ritesh Srivastava,Shweta Singh Counsel for Respondent :- C.S.C. Connected with Case :- WRIT - A No. - 12167 of 2019 Petitioner :- Gaurav Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Narendra Kumar Yadav,Ritesh Srivastava,Shweta Singh Counsel for Respondent :- C.S.C. AND Case :- WRIT - A No. - 12189 of 2019 Petitioner :- Badal Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Narendra Kumar Yadav,Ritesh Srivastava,Shweta Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioners had applied for appointment to the post of Constable pursuant to recruitment exercise initiated in the year 2018. They have been selected but have not been sent on training as it has subsequently appeared before the authorities that petitioners had succeeded in the recruitment exercise by resorting to impersonation, inasmuch as, somebody else had appeared in place of the petitioners.
Learned counsel for the petitioners submits that the documents have been sent for verification and that even after expiry of sufficient time, the authorities are yet to take an appropriate decision in the matter.
Noticing such argument this Court proceeded to pass following orders on 8.8.2019:-
"Submission is that petitioner's claim has erroneously been discarded for appointment on account of impersonation.
Learned Standing Counsel points out that similar matters are fixed for being heard on 21st August, 2019.
Let this matter also appear in the additional cause list on 21st August, 2019.
It will be open for the learned Standing Counsel to obtain instructions, in the meantime."
Learned Standing Counsel has obtained instructions from the Police Recruitment Board, according to which, the capture biometric alongwith other details have been sent to the Additional Director General of Police, Headquarter (Technical Services) U.P. Lucknow, and the materials regarding impersonation is being examined by the Police Recruitment Board and a final decision would be taken shortly. Copy of the instructions is taken on record.
Learned counsel for the petitioners states that neither petitioners have been heard in the matter nor any material which is proposed to be relied upon against them has been furnished to them.
Since the authorities are already seized of the matter and a final decision is yet to be taken, this Court is of the considered opinion that no interference in the matter is required at this stage. It is, however, provided that the authorities shall examine the claim of the petitioners for appointment and it goes without saying that if any material is sought to be relied upon against the petitioners, they would be supplied its copy and would also be heard in the matter. A final decision in the matter relating to petitioners' selection would be taken within a period of four months from the date of presentation of a certified copy of this order. All consequential action would be taken accordingly.
Subject to aforesaid observations and directions, these writ petitions are disposed of.
Order Date :- 21.8.2019 Ranjeet Sahu