JAGAT NARAIN Vs. STATE OF U P

JUDGEMENT

(1.) JAGAT Narain has preferred this writ petition against the or der of the State Government refusing the release of the petitoner on licence under the provisions of the U. P. Prisoners' on Probation Act. 1938.

(2.) LEARNED Counsel for the petitioner has submitted that Form A of the peti tioner has been rejected on the ground that the proposed guardian was not a suitable person for the purpose. We have also heard the learned Additional Government Advocate. A perusal of the order of the State Government shows that the release of the petitioner on licence was refused on the above ground and secondly, on the ground that when the petitioner was re leased on parole, he over-stayed and was awarded punishment.

(3.) IN view of what has been discussed above, the order of the State Government dated 8-7-1993 rejecting Form A of the petitoner is quashed. The State Govern ment shall reconsider the release of the petitioner on licence and shall dispose of the matter by a speaking order within four months from the date when a certified copy of the order is placed before the con cerned authorities. With the above directions, this writ petition is allowed. Petition allowed .