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2025 DAILYLAW 58790 (ALL)

GHANSHYAM JAISAWAL v. THE STATE OF U.P. AND 6 OTHERS

WRIA/6908/2025 · 2025-05-18

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83639 Court No. - 4 Case :- WRIT - A No. - 6908 of 2025 Petitioner :- Ghanshyam Jaisawal Respondent :- The State Of U.P. And 6 Others Counsel for Petitioner :- Atipriya Gautam,Madhaw Pandey,Sr. Advocate,Vinod Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. It is a case where services of the petitioner have come to be dispensed with on the ground that thumb impression given during examination of the candidate having been found to be not matching with the biometric impression and the opinion came to be tendered of mismatch. It is a case, therefore, where expert opinion was obtained from the laboratory and the services of the petitioner have been dispensed with on the basis of such opinion but without calling any explanation from the petitioner. This controversy is no more res integra in the light of the judgment of a coordinate Bench of this Court in the case of Ran Vijay Singh and others vs. Union of India and others; 2018 (6) ADJ 369 affirmed in Special Appeal No.- 1045 of 2018 decided on 8th May, 2019 and further in the judgment of Division Bench of this Court in the case of Vijay Pal and others vs. Union of India and others; Writ-A No. 21096 of 2018 decided on 16.05.2023, which has been recently followed by me in Writ - A No.- 1998 of 2025. In such circumstances, therefore, this Court considers this petition also deserves to be disposed of in terms of the recent order passed in Writ - A No.- 1998 of 2025 decided on 20th March, 2025. Accordingly, the order dated 27th October, 2024 terminating the services of the petitioner is hereby quashed with consequential benefits. The matter is remitted and the authority concerned is directed to take decision afresh in the light of the observations and directions issued by me under the order dated 20th March, 2025 in Writ - A No.- 1998 of 2025. With the aforesaid observations and directions, this writ petition stands disposed of. Order Date :- 19.5.2025/IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad