Petitioner challenged dissociation from Home Guard appointment due to alleged height discrepancy. Respondent submitted evidence showing measurement confirming height below requirement, leading petitioner to withdraw petition.
petition dismissed as withdrawn.
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Neutral Citation No. - 2023:AHC:146541
Court No. - 32
Case :- WRIT - A No. - 10099 of 2023 Petitioner :- Rajnish Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sushant Misra,Shridhar Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
Supplementary afÏdavit filed by the counsel for the petitioner is taken on record.
The grievance of the petitioner in the present petition is that he has been dissociated from the Department as Home Guard and his appointment stands cancelled on the ground that his height was less than that required for appointment as Home Guard.
It has been stated in the petition that despite order dated 2.11.2021 passed by the District Commandant, the height of the petitioner was never measured again and the petitioner has been wrongly denied the duties as Home Guard.
The Standing Counsel has obtained instructions and on the basis of his instructions states that the height of the petitioner was measured before the Deputy Commanding General, Central Training Institute Home Guard, U.P. at Lucknow on 15.11.2021 and it was found that height of the petitioner was 166.2 c.m. and, therefore, the petitioner was not eligible for appointment as Home Guard.
It has been stated that the report of the proceedings of 15.11.2021 was also served on the petitioner on 13.6.2023 through a letter dated 10.6.2023. The petitioner has also signed the receipt of the said letter. The said document has also been brought on record alongwith the instructions.
The facts regarding the proceedings dated 15.11.2021 and the letter dated 10.6.2023 as well as its service on the petitioner has not been stated in the petition.
When the counsel for the petitioner was confronted with the aforesaid, the counsel for the petitioner prayed that the petition be dismissed as withdrawn.
In view of the prayer made by the counsel for the petitioner, the petition is dismissed as withdrawn.
Order Date :- 24.7.2023 Anurag/-
Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad
Rajnish Sharma
State Of U.P.
Salil Kumar Rai
As recorded by the court registry
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