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2025 DAILYLAW 52182 (ALL)

ANUJ YADAV v. THE STATE OF U.P. AND 7 OTHERS

WRIA/6002/2025 · 2025-05-05

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:71830 Court No. - 4 Case :- WRIT - A No. - 6002 of 2025 Petitioner :- Anuj Yadav Respondent :- The State Of U.P. And 7 Others Counsel for Petitioner :- Atipriya Gautam,Shubham Tripathi,Sr. Advocate,Vinod Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard learned counsel for the parties. 2. The petitioner who had appeared for the post of Constable Civil Police and Constable PAC, Direct Recruitment-2018 and had been successfully placed in the merit list but has not been offered appointment only on account of pending criminal case against him in connection with Case Crime No.0218 of 2018 under Section 66 of I.T. Act later on converted into Section 500/153 IPC. However, subsequently, petitioner has come to be acquitted in the said criminal case in Trial No.16598 of 2018 (State v. Anuj Yadav) vide judgment and order dated 25.05.2023. 3. Thus it is contended on behalf of the petitioner that since the petitioner has stood acquitted in the said criminal case, his claim for appointment and joining pursuant to the selection on the post of Constable in question should be accorded due consideration in the light of the judgment passed in Avtar Singh vs Union Of India & Ors:(2016) 8 SCC 471. 4. It is further submitted that in the above regard, the Superintendent of Police, Establishment, U.P. has already written a letter to the Commissioner of Police Commissionerate, Ghaziabad on 12.07.2024 to take immediate action in the matter in accordance with law in the light of the acquittal awarded to the petitioner in the criminal trial. 5. Learned Standing Counsel submits that Additional Commissioner of Police, Ghaziabad has already written a letter in reply to the Superintendent of Police (Establishment), Police Headquarters, Lucknow on 12.07.2024 that papers have already been processed at his end and now the matter is engaging attention at the end of the Superintendent of Police, Etawah in the above regard. He further submits that the District Magistrate, Gautam Buddh Nagar has already submitted his verification report and accordingly, the original file has reached to the concerned authority on 12.06.2024. 6. In the given facts and circumstances, respondent no.8 is directed to take appropriate action in the matter of appointment and joining to the petitioner against the post of Constable in the light of the recommendation made by the Police Headquarters, Lucknow and consequential action taken by Commissioner of Police, Ghaziabad. Respondent no.8 is expected to take final decision in the matter within a maximum period of six weeks of production of certified copy of this order. 7. With the aforesaid observations and directions, this petition stands disposed of. Order Date :- 6.5.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad