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2025 DAILYLAW 165471 (ALL)

DURGESH KUMAR @ DURGESH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. SECONDARY EDU. LKO. U.P. AND 2 OTHERS

WRIC/9168/2025 · 2025-09-19

Manjive Shukla, Sangeeta Chandra

Transfer Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9168 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE MANJIVE SHUKLA, J. 1. Heard learned Counsel for the petitioner and learned Standing Counsel appearing on behalf of the State Respondents. 2. This captioned writ petition has been filed by the petitioner interalia praying the following reliefs : " to issue a writ, order or direction in the nature of Mandamus directing the opposite parties to consider and issue character certificate to the petitioner expeditiously within stipulated period in the interest of justice." 3. Learned Counsel for the petitioner says that the petitioner has done I.T.I. in Electrician Trade and presently posted as Operational Assistance of CHP Stage1 and 2 NTPC in Tanda District Ambedkar Nagar. The petitioner has applied for issuance of character certificate on 21.08.2025 but on account of pendency of a criminal case under section 323, 504, 506 IPC, registered at police station – Ibrahimpur, District Ambedkar Nagar as case crime no.662/06 no decision has been taken by the concerned authorities in his case. A similarly situated petitioner Pawan Kumar Dubey had filed a Writ Petition before this Court bearing Writ-C No.7006 of 2025: Pawan Kumar Dubey Vs. State of U.P. and others, Neutral Citation No.-2025:AHC-LKO:44647-DB, which has been disposed of by the Coordinate Bench by its order dated 01.08.2025. 4. We have gone through the judgement and order dated 01.08.2025. 5. District Magistrate, Ambedkar Nagar, is directed to consider issuance of character certificate to the petitioner on his pending application strictly in the light of observations made by the Division Bench of this Court in Writ-C No.718 of 2025: Anil Kumar Vs. State of U.P. and others. 6. Let the Competent Authority comply with the judgement rendered in Anil Kumar Vs. State of U.P. and others passed in Writ-C No.718 of 2025, and pass an order within a period of three weeks from the date a certified copy of this order is produced before him. Versus Counsel for Petitioner(s) : Onkar Nath Tiwari Counsel for Respondent(s) : C.S.C. Durgesh Kumar @ Durgesh .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Secondary Edu. Lko. U.P. And 2 Others .....Respondent(s) 7. With the aforesaid observations/ directions, the writ petition is disposed of. September 19, 2025 mks WRIC No. 9168 of 2025 2 (Manjive Shukla,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench