Dismissed

Pratap Singh v. Union of India and 2 Others

Allahabad HC21 Jan 2019WRIA/833/2019

Case brief

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What is this about?

The court disposed of a writ petition regarding the petitioner's provisional appointment as a Constable, which was halted due to an FIR. Relying on the Supreme Court's decision in Avtar Singh, the respondent undertook to evaluate the claim within two months, leading to the dismissal of the petition without adjudication on merits.

What did the court decide?

The writ petition is disposed of in light of the respondent's statement to evaluate the claim within two months.

Pratap Singh Vs Union of India and 2 Others — Public Procurement and Tenders | Allahabad HC (2019)

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Court No. - 6

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Case :- WRIT - A No. - 833 of 2019

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Petitioner :- Pratap Singh Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Virpratap Singh,Rajat Agarwal Counsel for Respondent :- A.S.G.I.

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Hon'ble Yashwant Varma,J.

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Heard learned counsel for the petitioner and Sri Devendra Gupta, learned counsel who has put in appearance on the behalf of the Union respondents.

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The petitioner appears to have been granted provisional appointment as a Constable by the respondents on 12/14 March 2017. His candidature does not appear to have been processed further in light of him being mentioned in a First Information Report which had come to be registered on 30 November 2016. Learned counsel for the petitioner orally submits that the petitioner was never arrested nor has he been convicted in connection with this crime. He further refers to the fact that a final report of closure has been made in these proceedings.

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Undisputedly, in these situations the principles enunciated by the Supreme Court in Avtar Singh Vs. Union of India, (2016) 8 SCC 471 would apply and the respondent No. 2, therefore would have to evaluate the claim of the petitioner bearing in mind the principles laid down in the aforementioned decision.

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Learned Standing Counsel appearing for the respondents states that the claim raised in this writ petition shall be duly attended to and disposed of by the said respondent in accordance with law bearing in mind the decision of the Supreme Court in Avtar Singh within a period of two months from the date of presentation of a certified copy of this order along with a copy of the writ petition and its enclosures.

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Accordingly and in light of the statement so made, this Court without going into the merits or otherwise of the claim of the petitioner disposes of the writ petition, in light of the statement which is recorded and accepted.

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Order Date :- 21.1.2019 Arun K. Singh

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(Yashwant Varma, J.)

Pratap Singh v. Union of India and 2 Others

Case brief

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Pratap Singh v. Union of India and 2 Others

Case brief

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