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2025 DAILYLAW 46770 (ALL)

MANISH KUMAR SONKAR v. STATE OF U.P. AND 3 ORS.

WRIA/50818/2016 · 2025-04-08

Saurabh Shyam Shamshery

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Judgment text

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Neutral Citation No. - 2025:AHC:51960 Court No. - 6 Case :- WRIT - A No. - 50818 of 2016 Petitioner :- Manish Kumar Sonkar Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Anjani Kumar Chaurasia,Markande Singh Yadav Counsel for Respondent :- C.S.C.,Jay Ram Pandey Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Markande Singh Yadav, learned counsel for petitioner and learned Standing Counsel for State-Respondents. 2. Petitioner was appointed on the post of Assistant Teacher on 25.03.2015 and joined at Prathmik Vidyalaya Vishundaspur, Block Kone, District Mirzapur on 26.03.2015. 3. Learned counsel for petitioner submits that after joining petitioner was involved in a criminal case and was arrested. Later on he was released on bail vide order dated 14.03.2016 passed by this Court and thereafter this writ petition was filed that petitioner may be allowed to join. No interim order was passed in the present case and matter remained pending. 4. Learned counsel further submits that during pendency of this writ petition, Trial Court concerned passed judgment dated 16.05.2023 whereby petitioner was acquitted from charges under Sections 366, 368 IPC granting benefit of doubt. The said judgment is placed on record by way of filing rejoinder affidavit dated 01.11.2023 and according to instructions State has not preferred any appeal against aforesaid judgment. 5. Learned counsel for petitioner submits that since aforesaid judgment is a subsequent event and legal consequence will follow, therefore, petitioner may be permitted to file a representation before concerned respondent with a prayer to allow him to join services as petitioner has left with sufficient years of service. 6. Learned Standing Counsel appearing for State-Respondents submits that nature of acquittal is not honourable and petitioner has been granted benefit of doubt, however, if a representation is submitted, the same will be considered by concerned respondent in accordance with law. 7. I have considered the above submissions and since there is a subsequent event, therefore, this writ petition is disposed of with observation that in case a representation is filed by petitioner alongwith certified copy of judgment passed by Trial Court concerned within three weeks from today, the same shall be considered by concerned respondents in accordance with law within a short period, taking note of judgments passed by Supreme Court in Deputy Inspector General of Police and another Vs. S.Samuthiram, 2013 (1) SCC 598; State of Rajasthan and Ors. Vs. Love Kush Meena, 2021 SCC Online SC 252; and, Union of India and others vs. Methu Meda, (2022) 1 SCC 1. Order Date :- 9.4.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad