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Neutral Citation No. - 2025:AHC:92901 Court No. - 4 Case :- WRIT - A No. - 6677 of 2025 Petitioner :- Rajdeep Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Rai,Ranvijay Singh Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State.
2. By means of this petition filed under Article 226 of Constitution of India, the petitioner has challenged the punishment order as well as the order passed by the appellate authority dated 02.09.2024 and 10.03.2025 respectively.
3. The ground of attack before the Court is that the petitioner came to be terminated from service only on ground that at the time of document verification after he came to be selected as Constable in PAC, he did not disclose the pending criminal case. Learned counsel submits that he had no knowledge about the pending criminal case and now he has been acquitted in the said criminal case vide judgment dated 14.02.2025 passed by Additional District & Session Judge/ Additional Judge (POCSO Act) in Special Case No.4753 of 2019.
4. Learned Additional Chief Standing Counsel submits that the petitioner has remedy to file revision before the competent authority under the relevant rules.
5. In view of the above, while I decline to grant indulgence in the matter of punishment order as well as the appellate order, I hereby provide that in the event petitioner prefers a revision before the competent authority taking grounds available to him and also annexing the order of acquittal passed by
competent court of criminal law within four weeks from today, the concerned authority hearing the revision petition shall look into and consider the revision-petition of the petitioner on merits considering the acquittal of the petitioner in the criminal case and also considering points of guidelines laid down by Supreme Court in the case of Avtar Singh v. Union of India and others: (2016) 8 SCC 471 and Pawan Kumar v. Union of India and Anr:2022 SCC Online 532.
6. The appropriate order shall be passed by the revisional authority within a period of two months of production of certified copy of this order.
7. With the aforesaid observations and directions this petition stands disposed of. Order Date :- 21.5.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad