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Allahabad High Court directs appointment of man to post of constable

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The Allahabad High Court has directed the appointment of the selected candidate to the post of Civil Police Constable in eight weeks, who had been acquitted of all offences in the criminal trial.

A single-judge bench of Justice Saurabh Shyam Shamshery passed this order while hearing a petition filed by Rajit Yadav.

The writ petition under Article 226 of the Constitution of India has been filed for the following relief:-

“(A). Issue a writ, order or direction in the nature of certiorari to quash the order dated 2.2.2022 passed by respondent no.4 (Annexure11) which is Superintendent of Police Rural, District Varanasi.

(B). Issue a writ, order or direction in the nature of mandamus directing the respondents to permit the petitioner for training of Civil Police (Constable) as he has been finally recruited for that post.”

The petitioner had earlier approached the Court by way of Writ-A No 313 of 2021, which was disposed of by the order dated 17.2.2021.

In compliance of the above order, the petitioner filed a representation before the authority concerned. By order dated 2.2.2022, the said representation of the petitioner was rejected relying upon the judgment of the Apex Court in the case of Avtar Singh vs Union of India and others reported in 2016 (8) SCC 471.

Counsel for the petitioner submitted that in the FIR, the name of the accused is mentioned as Rajesh, as such, the petitioner (Rajit Yadav) was not named in the FIR. A charge-sheet was filed against the petitioner also but in the trial, the petitioner as well as co-accused were acquitted mainly on the ground that the prosecution had failed to prove its case beyond reasonable doubt and there was a compromise between the parties as well. The order of acquittal was passed on 16.7.2021.

While passing the impugned order, the authorities have not considered that the petitioner was acquitted in the criminal trial from all the offences and that his case was covered under the decision in the case of Avtar Singh (supra). Therefore, the petitioner has prayed that this Court may direct the respondents to appoint him on the post of Civil Police (Constable) as his case squarely falls under the decision in Avtar Singh (supra).

Per contra, Standing Counsel contends that the petitioner has failed to disclose that charge-sheet was filed against him when he filed his attestation form, however, counsel has not disputed that in the trial petitioner has already been acquitted and said aspect was not considered in view of Avtar Singh (Supra).

“It is not in dispute that the petitioner stands acquitted from all the offences by the order dated 16.7.2021 passed by the trial court. Taking note of the judgment passed by the Apex Court in Avtar Singh (supra) as well as judgment passed by the Court in Writ-A No 4577 of 2019, Sonu Yadav Vs State of U.P & Ors, decided on 8.1.2021 and applying principle mentioned in Avtar Singh (supra) that petitioner was acquitted for all the offences under Sections 323, 504, 506 IPC, which are trivial in nature and it would not have rendered the petitioner unfit for post in question see para 38.4.1 of Avtar Singh (supra), therefore, the petitioner can be appointed on the post concern,” the Court held.

Having regard to the facts and circumstances of the case, the Court opined that the case of the petitioner squarely falls under the principles enumerated as well as of the decision in Avtar Singh (supra). The petitioner has already been acquitted from the criminal case which was otherwise trivial in nature, therefore, the respondents ought to have considered the case of the petitioner for appointment to the post of Civil Police (Constable) in view of the decision in Avtar Singh.

“In view of the above, the writ petition is allowed and the impugned order dated order dated 2.2.2022 passed by respondent no 4 is set-aside and the respondents are directed to take further steps to appoint the petitioner on the post of Civil Police (Constable), preferably within a period of eight weeks,” the Court ordered.

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