Supreme Court - Daily Orders
State Of U.P. vs Deep Narain Misra . on 7 August, 2015
Author: Anil R. Dave
Bench: Anil R. Dave, Kurian Joseph
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.6008 OF 2015
(Arising out of SLP(C)NO.11711 of 2013)
STATE OF U.P. ... APPELLANT(S)
VS.
DEEP NARAIN MISRA & ORS. ... RESPONDENT(S)
J U D G M E N T
ANIL R. DAVE, J.
1. Leave granted.
2. Upon hearing the learned counsel for the parties, the impugned judgment is modified to the effect that as a special case, Respondent No.1 shall be given fresh appointment before 1st September, 2015, but without backwages and seniority.
3. It has been observed in the impugned judgment that the appellant-State shall not make any appointment in future without prior police verification.
4. It appears that it would be very impracticable, as stated by the learned counsel for the appellant that the Signature Not Verified Digitally signed by Sarita Purohit Date: 2015.08.12 police verification takes lot of time and if the person is 17:01:58 IST Reason: not appointed till the verification is done by the police, it would not be in the interest of the State.
5. In the circumstances, the observation with regard to appointment only after police verification is set aside but the appointments made, shall be subject to police verification.
6. The appeal is allowed with no order as to costs.
7. It is made clear that this order, so far as it pertains to appointment of Respondent No.1 is concerned, shall not be treated as a precedent.
..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH] New Delhi;
7th August, 2015.
ITEM NO.52 COURT NO.3 SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).11711/2013 (Arising out of impugned final judgment and order dated 29/02/2012 in DBSA No.674/2009 passed by the High Court Of Judicature at Allahabad, Lucknow Bench) STATE OF U.P. Petitioner(s) VERSUS DEEP NARAIN MISRA & ORS. Respondent(s) (With appln.(s) for c/delay in filing SLP and interim relief and office report) Date : 07/08/2015 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPH For Petitioner(s) Mr. Gaurav Bhatia,AAG Ms. Pragati Neekhra,Adv.
Mr. Utkarsh Jaiswal,Adv.
For Respondent(s) Mr. Pankaj Kumar Singh,Adv.
Mr. Mukesh Verma,Adv.
Mr. Pawan Kumar Shukla,Adv. For Mr. Yash Pal Dhingra,Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed with no order as to costs in terms of signed Non-reportable Judgment.
(Sarita Purohit) (Sneh Bala Mehra) Court Master Assistant Registrar (Signed Non-reportable Judgment is placed on the file)