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2025 DAILYLAW 87254 (ALL)

PARSHOTTAM KUMAR v. STATE OF U.P. AND 5 OTHERS

WRIA/11912/2025 · 2025-08-19

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:142681 Court No. - 4 Case :- WRIT - A No. - 11912 of 2025 Petitioner :- Parshottam Kumar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Anil Kumar Yadav Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard Anil Kumar Yadav, learned counsel for petitioner and learned Standing Counsel for the State respondents. 2. Petitioner who has been selected as Constable in Civil Police Direct Recruitment, 2023, is aggrieved by the order dated 17.7.2025 passed by the Superintendent of Police, Jaunpur, whereby he has shown his inability to issue character verification certificate in the light of the provisions contained under the Government Order dated 28.04.1958 on the ground that petitioner has concealed material fact of pending criminal case being Case Crime No.- 270 of 2024, under Sections 115(2), 352, 117 (2) Bhartiya Nyay Sanhita, Police Station- Charwa, District - Kaushambi. 3. It is contended by learned counsel for the petitioner that the case crime number which has come to be referred under the order impugned relates to the first information report under various sections mentioned in the order, came to be registered only on 15th December, 2024 and on the date of furnishing declaration form, he was not aware of the criminal case inasmuch as he was not named in the charge-sheet as police did not find any evidence qua commission of crime by the present petitioner in connection with Case Crime No.- 270 of 2024. In this regard he has taken the Court to the charge- sheet brought on record as Annexure No.- 17 to the petition. 4. It is further contended by learned counsel for the petitioner that the form 92 which has been referred to under the order impugned and which was a declaration to be submitted by the petitioner, did not provide for any reference to a pending criminal case, rather vide clause 11 it required a candidate to disclose criminal case in which he has been convicted and if yes, then the sentence awarded and the procedure for undergoing sentence prescribed therein. Thus, it is contended that even going by the format prescribed for declaration in which petitioner was to submit declaration, petitioner could not have been refused character certificate on the ground that he did not declare any such pending criminal case. It is further submitted that since petitioner was not named in the charge sheet qua criminal case on the date of submission of form 92 i.e. 29.04.2025 the authority concerned was not justified in rejecting the character verification report. 5. Learned Standing Counsel on the contrary has sought to defend the order for the reason assigned therein but could not controvert the fact that in the charge-sheet submitted in connection with case crime No.- 270 of 2024 under various sections petitioner has not been named. 6. Having heard learned counsel for respective parties and having perused the records I find that the concerned authority has miserably failed to notice that petitioner had not been chargesheeted in connection with the aforesaid criminal case and hence there could not have been any disclosure in declaration form No. 92 submitted by the petitioner on 29.04.2025. Thus, I find the order passed by the respondent No.- 6 is without any due application of mind and is rendered unsustainable. 7. Accordingly the order dated 17th July, 2025 is hereby quashed. The writ petition is allowed. 8. The matter is remitted in the first instance directing the Superintendent of Police concerned to revisit his decision for character verification certificate and in the event he issues character verification certificate, the respondent police authorities shall pass appropriate orders regarding appointment of petitioner and his training as such. Order Date :- 20.8.2025 Atmesh WRIA No. 11912 of 2025 2 Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad