SARVESH YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Additional Chief Standing counsel appearing for the respondents. Under challenge is the order dated 05.07.2019, a copy of which is annexure 1 to the petition by which Superintendent of Police, Ambedkar Nagar after considering the pendency of a criminal case lodged against the petitioner under Sections 323, 506 and 352 of I.P.C and 4/10 of Indian Forest Act, 1927 in Case Crime No. 85 of 2015 at Police Station-Allapur District-Ambedkar Nagar has indicated that the petitioner is not fit for being appointed.

(2.) Learned counsel for the petitioner contends that the petitioner had qualified for the post of Constable in the Civil Police in terms of advertisement issued in the year 2017. Before appointment, the verification was required and in pursuance thereof it came out that a criminal case under Sections 323, 506 and 352 of I.P.C and 4/10 of Indian Forest Act, 1927 is pending against the petitioner and consequently, the Superintendent of Police, Ambedkar Nagar has concluded that the petitioner is not fit for appointment. Learned counsel for the petitioner contends that the aforesaid case was lodged against the petitioner on account of personal enmity and at that time the petitioner was minor. It is also argued that the said case is of a trivial nature and does not involve any moral turpitude and consequently the said case cannot be held against him for the purpose of he being appointed to Government service. On the other hand, learned Additional Chief Standing counsel submits that once a selected person has got a criminal case pending against him, consequently he cannot be appointed.

(3.) Be that as it may, the fact of the matter remains that the matter in issue is squarely covered by the judgment of Hon'ble the Supreme Court in the case of Avtar Singh vs. Union of India and others reported in 2016 (8) SCC 471 in which Hon'ble the Supreme Court has laid down the following principles to be followed while making appointment of a person against whom certain cases are pending. For the sake of convenience, the relevant paragraphs are reproduced below:-