Allahabad High Court
Vishal Saraswat vs State Of U.P. And Another on 11 April, 2023
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 38 Case :- WRIT - A No. - 6206 of 2023 Petitioner :- Vishal Saraswat Respondent :- State of U.P. and Another Counsel for Petitioner :- Mayank,Sr. Advocate Counsel for Respondent :- CSC,Kalyan Sundram Srivastava,Manoj Kumar Singh Hon'ble Saurabh Srivastava,J.
Heard Senior Counsel Shri Ashok Khare assisted by Shri Mayank, learned counsel for the petitioner and learned Standing counsel for the State-respondents.
The present petitioner has been filed for seeking following reliefs:
"(1) a writ, order or direction in the nature of certiorari quashing the office order dated 13.03.2023 issued by the State Government (Annexure 21 to the writ petition).
(ii) a writ, order or direction of a suitable nature commanding the respondent to forthwith grant appointment to the petitioner on the post of Dy. Collector on the basis of the select list published by the Public Service Commission UP, Prayagraj dated 17.02.2021 (Annexure 12 to the writ petition) in pursuance to Combined State and Upper Subordinate Service (General Recruitment and Special Recruitment) Examination 2019 forthwith."
Shri Manoj Kumar Singh, learned counsel appeared on behalf of the informant on whose behest, the first information report dated 26.07.2017 has been lodged against the petitioner.
It is the case of the petitioner that in spite of having knowledge of the above-mentioned FIR, he has been permitted to join the services of the Central Government which has been initiated in the office of the Rajya Sabha Secretariate and thereafter the petitioner is presently undergoing for the training for the Department of Indian Defence Estate Service, Cadre, it is not the case where the suppression of fact has been made by the petitioner and even after disclosure of the FIR mentioned above, the petitioner has been permitted by the Central Government to pursue his services. While considering the claim as directed by the Coordinate Bench in Writ A No. 3067 of 2022 the order dated 13.03.2023 which impugned the present petition has been passed by the respondent no. 1 wherein no consideration has been made with regard to the present service of the petitioner which has already been permitted by the Central Government.
Learned Senior Counsel raised his argument that the case of the petitioner is squarely covered with the judgement pronounced by the Hon'ble Apex Court in the Case of Avtar Singh Vs. Union of India 2016 (8) SCC 471.
Per contra, learned Standing Counsel vehemently opposed the prayer as made in the petitioner, but on the precise query with regard to the discussion which is not available while passing the order dated 13.03.2023 has been unanswered.
In view of the aforesaid mentioned facts and circumstances, order dated 13.03.2023 is hereby quashed and set aside and the matter is remitted back to the respondent no. 1 for deciding afresh after due consideration of the fact that the petitioner is still in services of the Central Government and undergoing with the training for the Department of Indian Defence State Services even after disclosure of the fact that the FIR has been lodged against the petitioner under Sections 498A, 323, 324, 504 and 506 IPC read with Section 3/4 Dowry Prohibition Act wherein the charges have been framed and the matter is still pending before the trial court at district Mathura.
It is however, directed to the respondent no. 1 to decide the claim as expeditiously as possible preferably within a period of one month from the date of production of certified copy of this order before him.
Writ petition is disposed of, accordingly.
Order Date :- 11.4.2023 Ashutosh