VISHAL SARASWAT Vs. STATE OF U.P.

JUDGEMENT

(1.) At the behest of the sister-in-law of the petitioner, Case Crime No. 731 of 2017 under Ss. 498-A / 323 / 324 / 504 / 506 of the Indian Penal Code read with Sec. 3/4 of the Dowry Prohibition Act, 1961 was registered against the petitioner as well as against his elder brother, father, mother and sister on 26/7/2017 and a charge-sheet has been submitted by the Investigating Officer. Charges have been framed in the said criminal case against all the accused, including the petitioner, and the trial of the case is still pending. It has been stated in the writ petition that the allegations made in the first information report are false and the attention of the Court has been drawn to the fact that the entire family of the petitioner has been implicated in the said criminal case.

(2.) By order dtd. 21/12/2020 passed by the Director, Rajya Sabha Secretariat, the petitioner was granted provisional appointment as Assistant Legislative Committee ' Protocol / Executive Officer in the Rajya Sabha Secretariat. The appointment was subject to the final decision in the criminal case. The petitioner was subsequently selected in the Indian Defence Estates Service (Group 'A' Gazetted Post) under Directorate General of Defence Estates, Ministry of Defence and is presently posted as Chief Executive Officer, Roorkee Cantonment Board, Uttarakhand.

(3.) Meanwhile, the petitioner also applied in the Combined State and Upper Subordinate Service Examination, 2019 and was declared successful in the selection list published on 17/2/2021. The petitioner secured merit position no. 1 in the selections and was recommended by the Commission for appointment as Deputy Collector in the Provincial Civil Services (Executive). In his verification / declaration form, the petitioner disclosed the details of the criminal case pending against him. It has been stated in the petition that during the character verification of the petitioner, a report was sought by the Special Secretary, Government of Uttar Pradesh from the Rajya Sabha Secretariat and the Under Secretary, Rajya Sabha forwarded an office memorandum dtd. 22/6/2021 reporting that the petitioner was clear from vigilance angle and that no disciplinary case was pending against him. Still the petitioner was not issued an appointment letter by the State Government, therefore, he made several representations seeking appointment in Provincial Civil Services (Executive). By order dtd. 13/3/2023 passed by the Additional Chief Secretary, Appointment Sec. ' III, Government of Uttar Pradesh, Lucknow, the representations of the petitioner were dismissed on the ground that a criminal case of a serious nature was pending against the petitioner. The order dtd. 13/3/2023 was challenged by the petitioner through Writ ' A No. 6206 of 2023 and this Court vide its order dtd. 11/4/2023 quashed the order dtd. 13/3/2023 and remitted back the matter to the State Government for a fresh decision. The Additional Chief Secretary, Appointment Sec. ' III, Government of Uttar Pradesh, Lucknow vide his order dtd. 28/2/2024 has again rejected the claim of the petitioner again on the ground of the pendency of criminal case reasoning that the post of Deputy District Magistrate is more sensitive than the post at present held by the petitioner. The order dtd. 28/2/2024 has been challenged in the present writ petition.