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Neutral Citation No. - 2025:AHC:38185 Court No. - 6 Case :- WRIT - A No. - 3277 of 2025 Petitioner :- Salek Chand Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Kumar Sharma Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Ajay Kumar Sharma, learned counsel for petitioner and learned Additional C.S.C. for State.
2. Petitioner was appointed as a Shiksha Mitra on
20.09.2008. Thereafter, in the year 2017, an FIR was lodged him that his transfer certificate of Class-8 was forged and thereafter, petitioner was not allowed to work.
3. Learned counsel for petitioner submits that petitioner has faced the trial and by a judgment and order dated 06.01.2023, he was granted acquittal by the Juvenile Justice Board, Tehri, Garhwal as the petitioner was minor at the time of occurrence.
4. Learned counsel further submits that in aforesaid circumstances, legal impediment has now been removed and petitioner may be allowed to join service as a Shiksha Mitra.
5. Learned Additional C.S.C. by referring a judgment passed by this Court in Govind Yadav vs. State of U.P. and 3 others, Writ A No. 9511/2002 decided on 12.07.2022 (followed in Writ A No. 41517/2009 decided on 24.01.2024) submits that nature of acquittal is not honourable, however, he submits that if an application is filed by petitioner annexing all documents, her claim will be considered in accordance with law, within a short
period.
6. In aforesaid circumstances, without making any comment on nature of acquittal as well as whether State has filed any criminal appeal against order of acquittal or not, this writ petition is disposed of with an observation that in case any application is filed by petitioner within 3 weeks, same will be considered in accordance with law after taking note of Govind Yadav (supra) within a very short period. Order Date :- 18.3.2025 Sinha_N. Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad