Kamla Singh v. State of U.P. and 3 Others
Case brief
What is this about?
Petitioner challenged cancellation of her character certificate by District Magistrate due to her son's criminal antecedents. Upholding the Apex Court in Manyata Devi, the Court held such cancellation illegal based on a relative's record and quashed the order.
What did the court decide?
Impugned order dated 26.10.2020 cancelled and set aside; direction to District Magistrate to reconsider afresh within six weeks.
What the court decided
Court No. - 21
Case :- WRIT - C No. - 945 of 2021 Petitioner :- Kamla Singh Respondent :- State of U.P. and 3 others Counsel for Petitioner :- Kunal Shah,Suvansit Kumar Jaiswal Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Sanjay Kumar Pachori,J.
- Heard Shri Kunal Shah, learned counsel for the petitioner and Shri Harbans Singh, learned Standing Counsel for the State respondents.
- The instant writ petition is being preferred questioning the validity of the order dated 26.10.2020 passed by the District Magistrate, Mau, whereby the character certificate dated 18.1.2019 issued in favour of the petitioner, has been cancelled on the premise that two criminal cases have been registered against the son of the petitioner.
- The petitioner appears to have applied for issuance of the character certificate before the District Magistrate, Mau/respondent no.2 on 30.5.2019. Thereafter, a report was called by the respondent no.3/Superintendent of Police, Mau from the concerned Circle Officer (City), District Mau and the Station House Officer, Police Station Kotwali, District Mau about the criminal antecedents of the petitioner. After considering the reports emanating from the aforesaid officials, the character certificate was issued on 18.10.2019 in favour of the petitioner. Meanwhile, one Shri Rajesh Kumar Singh made a complaint to the respondent no.2 against the petitioner on 28.7.2020, alleging therein that the son of the petitioner is having a criminal antecedent. It was also alleged that the son of the petitioner is executing the works awarded to his father (petitioner) and requested for cancellation of the character certificate issued in favour of the petitioner.
Issues for consideration
3 issues framed by the court
Whether a character certificate issued in favour of a petitioner can be cancelled on the ground that a close relation (son) has criminal antecedents?
Whether the impugned order cancelling the character certificate based on the son's criminal cases is liable to be set aside?
Whether the District Magistrate was justified in relying on Government orders to cancel the certificate despite the *Manyata Devi* precedent?
Parties & counsel
- petitioner
Kamla Singh
- respondent
State of U.P.
Coram
Mahesh Chandra Tripathi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- WRIC/945/2021
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