Supreme Court - Daily Orders
Mukesh Kumar vs Union Of India on 13 February, 2023
Bench: Hrishikesh Roy, Sanjay Karol
ITEM NO.16 COURT NO.15 SECTION XVI
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). 2724/2023
(Arising out of impugned final judgment and order dated 07-11-2022
in CWJC No. 19201/2019 passed by the High Court Of Judicature At
Patna)
MUKESH KUMAR Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(FOR ADMISSION and IA No.25638/2023-EXEMPTION FROM FILING O.T. )
Date : 13-02-2023 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE HRISHIKESH ROY
HON'BLE MR. JUSTICE SANJAY KAROL
For Petitioner(s)
Mr. Sunil Kumar Singh, Adv.
Ms. Mukti Singh, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Heard Ms. Mukti Singh, learned Counsel for the petitioner. Besides arguing on the merits of this Special Leave Petition the counsel points out that the High Court was wrong in adverting to so called self-declaration form by the petitioner on 17.11.2014 where Signature Not Verified allegedly, Digitally signed by Jayant Kumar Arora the petitioner had suppressed his involvement in Date: 2023.02.15 17:20:18 IST Reason:
criminal case.
1 The above submission is noted. We have also read the communication dated 17.11.2014 and Annexure P-2 where as many as 10 documents are adverted to but there is no mention of any self- declaration form, amongst those documents.
It is further seen that the petitioner has since been acquitted under the judgment dated 19.01.2019 in the Trial No.42/2016 and the acquittal order shows that no witness had come forward to give any evidence in favour of the Prosecution.
Taking into account all the above circumstances and the reasoning given by the Central Administrative Tribunal, Patna which have been affirmed by the High Court, we see no reason to entertain this Special Leave Petition.
We however make it clear that if the petitioner is eligible for any future employment opportunity, the earlier criminal case will not stand in the way of consideration of petitioner’s candidature on merits.
With the above order, the Special Leave Petition stands dismissed.
Pending application(s), if any, shall stand disposed of.
(DEEPAK JOSHI) (KAMLESH RAWAT)
COURT MASTER (SH) COURT MASTER (NSH)
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