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2025 DAILYLAW 131349 (ALL)

MANIRAM v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND 4 OTHERS

WRIC/3123/2025 · 2025-04-04

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18746-DB Court No. - 2 Case :- WRIT - C No. - 3123 of 2025 Petitioner :- Maniram Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 4 Others Counsel for Petitioner :- Satyendra Kumar Tiwari Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. The claim of the petitioner for Loktantra Senani Pension has been rejected by the Incharge Officer on behalf of the District Magistrate, Barabanki on the ground of alleged pendency of a criminal case. The language of the order leaves much to be desired. It is too vague. The details of case crime number or the police station where the case may have been lodged are not mentioned. If the case is pending trial, then the details thereof should have been mentioned. Moreover, the impugned order uses the word 'history sheeter' in respect of the petitioner without giving any such details. The case of the petitioner is that the other criminal case was lodged after 'Emergency' had come to an end, and in that case, he has been exonerated, details of which are mentioned in Paragraph 13 of the writ petition. The order being apparently vague and lacking in necessary details, and as it denies the petitioner his valuable right of being considered for the aforesaid benefit fairly and reasonably, the same is accordingly quashed. The District Magistrate, Barabanki is directed to pass a fresh order after getting the facts verified as to whether any criminal case other than the case in respect to which the petitioner was jailed during 'Emergency' was filed against the petitioner or not. If it was filed, then details thereof shall be mentioned. The writ is disposed of in the aforesaid terms. Order Date :- 4.4.2025 Lokesh Kumar [Om Prakash Shukla, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench