STATE OF UTTAR PRADESH Vs. VIJAY KUMAR MISRA

JUDGEMENT

(1.) Leave is granted.

(2.) In this appeal filed by the State of Uttar Pradesh, the judgment rendered by a Division Bench of the Allahabad High Court (Lucknow Bench) in Special Appeal No. 381(S) B of 1999 confirming the judgment of the learned single Judge is under challenge.

(3.) The learned single Judge in the judgment passed in Writ Petition No. 4756(S) of 1997 had directed the State Government and the U.P. Subordinate Services Selection Commission to appoint the petitioner, who is respondent herein, in the vacant post of Sub-Deputy Inspector (Basic) (for short 'SDI (Basic)'] relying on the statement made by Shri J. K. Dwivedi, Under Secretary (Karmic), who was present in the Court. On perusal of the judgment it appears that the Under Secretary had stated before the Court that persons having lower merit than the writ petitioner have been appointed in the post of SDI (Basic) and that the writ petitioner can be considered for the said post since he has in the meantime got L.T. certificate. As noted earlier, the learned single Judge issued the direction for appointment of the writ petitioner relying on the statement of the officer.