The Allahabad High Court has held that denial of appointment merely on the ground that the criminal case is pending is not justifiable.
In this case the Petitioner was selected for the post of constable, He truthfully declared about the pendency of criminal case against him. The SP passed an order that the Petitioner cannot be appointed till the conclusion of criminal case pending against him.
Hon’ble Justice Yashwant Verma of Allahabad High Court observed that the SP has not taken the impugned decision in tune with the Judgment of Supreme Court in the case of Avtar Singh vs UOI and Others (2016) 8 SCC 471.
The Court found that a bare reading of the impugned order reflects non application of mind to the principles enunciated in the Judgment of Supreme Court.
Hon’ble Court observed that in view of para 38.5 and 38.6 of the Judgment, it was incumbent upon the SP to consider the suitability of the Petitioner for appointment notwithstanding his arraignment in the criminal case.
The Court further observed that the SP has paid mere lip service to the earlier direction of the Court to consider the case in the light of the Judgment of Avtar Singh but he has clearly failed to comply with that direction.
Accordingly the Writ Petition was allowed and the matted has been remanded back to the SP to take a fresh decision in the light of observations made in the order.
Case No. WRIT – A No. – 9300 of 2020
Title: Moono vs State Of U.P. And 3 Others
Date of Judgment: 02.12.2020
Counsel for Petitioner :- Manoj Kumar,Alok Kumar Yadav
Counsel for Respondent :- C.S.C.