Extracted from the PDF above. The PDF is authoritative.
Court No. - 29 Case :- SPECIAL APPEAL No. - 575 of 2011 Appellant :- Shiv Kumar Dwivedi Respondent :- State of U.P. and Others Counsel for Appellant :- A.K. Shukla,Ashok Khare Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J.
1. The matter was taken up in the revised list. However, none appeared on behalf of the appellant to press the appeal, nor has any adjournment slip been moved.
2. The instant intra-court Special under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 is being preferred by the appellant-petitioner challenging the legality and validity of the
judgment and order dated 23.2.2011 passed by the learned Single in Writ A No.32826 of 1993 (Shiv Kumar Dwivedi Vs. State of U.P. and Ors.), wherein, learned Single Judge has proceeded to dismiss the writ petition.
3. The record in question reflects that writ petition was preferred against the order dated 4.6.1993, whereby the petitioner-appellants' candidature for appointment to the post of Constable in Provincial Armed Constabulary (in short "PAC") on account of his conduct not found suitable for Government Service by the Commandant 12th Battalion, Fatehpur. Learned Single Judge had considered the matter in detail and dismissed the same on merits vide its judgment and order dated 23.2.2011.
4. Considering the aforesaid factual aspect of the matter, we find that no such error is reflected from the impugned judgment and
order dated 23.2.2011 and the same warrants no interfere from this
Court as well as in view of the fact that the matter pertains to the year 2011 and in the absence of any effective representation, it appears that the cause of action has become stale and the appeal has been rendered infructuous by efflux of time.
5. Accordingly, the instant appeal stands dismissed as infructuous.
Order Date :- 10.7.2025 Sachin Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad