SHIV SHANKAR v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO. AND 4 OTHERS
WRIA/9595/2024 · 2025-02-28
Alok Mathur
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 164402 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164402 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:12368 Court No. - 6 Case :- WRIT - A No. - 9595 of 2024 Petitioner :- Shiv Shankar Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 4 Others Counsel for Petitioner :- Brijesh Kumar Singh,Santosh Kumar Srivastava Counsel for Respondent :- C.S.C.,Gaurav Mehrotra,Utsav Mishra Hon'ble Alok Mathur,J.
1. Heard Sri Brijesh Kumar Singh, learned counsel for petitioner as well as learned Standing Counsel for respondents.
2. It has been submitted by learned counsel for petitioner that the petitioner was duly selected for the post of Revenue Lekhpal and he appointment letter was also issued to him on 30.12.2023 and 27.01.2024. Despite being issued the appointment letters, the respondents have not permitted the petitioner to join the service and in the aforesaid circumstances present writ petition has been filed for a direction to respondent No. 2 to direct the respondents to permit the petitioner to join on the post of Revenue Lekhpal.
3. Learned Standing Counsel on the basis of instructions has submitted that the petitioner has concealed the fact that he is being convicted by the criminal court in a case where allegations against the petitioner were regarding Section 302 of Cr. P.C. of murder.
4. Reverting to the aforesaid submissions, learned counsel for petitioner has submitted that an appeal was preferred before this Court in Criminal Appeal No. 2067 of 2021 where by means of
judgment dated 20.12.2024 the appeal has been allowed and the conviction of the petitioner has been set aside.
5. After arguing the matter at some length, learned counsel for petitioner has submitted that petitioner may be given liberty to prefer a fresh representation to respondent No. 2 who may be
directed to pass fresh order taking into account the judgment passed by Division Bench of this Court in Criminal Appeal No. 2067 of 2021.
6. Learned Standing Counsel has no objection to the said
request.
7. Accordingly, without entering into merits of the case, the writ petition is dis;posed of with a liberty to the petitioner to move a fresh representation to respondent No. 2 within two weeks from today raising his grievances which he has raised in the present writ petition and in case such a representation is moved within time, respondent no. 2 shall proceed to consider and decide the same by speaking and reasoned order in accordance with law within period of six weeks thereafter. (Alok Mathur, J.)
Order Date :- 28.2.2025/Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench