The Allahabad High Court has quashed the order of the Senior Jail Superintendent, Central Jail, Naini, District Prayagraj dismissing the Jail Warder, the petitioner, on the grounds of that he had a criminal case against him.
A single bench of Justice Rajiv Joshi passed this order while hearing a petition filed by Sunil Yadav.
The writ petition has been filed for quashing the order dated 23.3.2022 passed by the Senior Jail Superintendent, Central Jail Naini, District Prayagraj, whereby appointment of the petitioner as Jail Warder was cancelled.
The counsel for the petitioner submitted that the petitioner has not concealed anything in declaration as submitted during verification proceedings and the order has been passed only on the ground that a criminal case is pending against the petitioner.
The counsel for the petitioner has placed reliance upon the decision of Apex Court in case of Avtar Singh vs Union of India and others, 2016 (8) SCC 471.
Standing Counsel states that no useful purpose will be served in calling for the counter affidavit and keeping the writ petition pending and direction be issued to the authority concerned for deciding case afresh in light of observation made by the Apex Court in case of Avtar Singh vs Union of India and others, 2016 (8) SCC 471.
“In view of above, the order dated 23.3.2022 passed by the Senior Jail Superintendent, Central Jail Naini, District Prayagraj is hereby quashed and the writ petition stands allowed.
The Senior Jail Superintendent is directed to consider the claim of petitioner afresh in light of observation made by Apex Court in case of Avtar Singh (supra).
It is expected that the entire exercise shall be completed by respondent concerned within a period of three months from the date of production of certified copy of the order”
-the Court ordered.