Disposed

Pankaj Yadav v. State of U.P. and 2 Others

Allahabad HC5 Oct 2023WRIC/30640/2023

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought issuance of a character certificate required for an entry pass at NTPC. The High Court set aside the denial order and remanded the matter to the Senior Superintendent of Police to pass appropriate orders within two weeks, noting the case involved family disputes.

What did the court decide?

The orders passed by the authority concerned were set aside and the matter was remanded to the Senior Superintendent of Police, Azamgarh to pass appropriate order within two weeks.

Pankaj Yadav Vs State of U.P. and 2… — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:191443-DB

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Court No. - 40

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Case :- WRIT - C No. - 30640 of 2023

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Petitioner :- Pankaj Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Neha Rani,Raghvendra Yadav Counsel for Respondent :- C.S.C.

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Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

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Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

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By means of the present writ petition, the petitioner has prayed for a writ of mandamus directing the respondent no. 2 to issue the character certificate in favour of the petitioner in view of the application having Request No. 316252325296 dated 08.06.2023 submitted by the petitioner.

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Brief facts of the case is that the petitioner is working as Mechanical Engineer for WFGD at GE Power India Ltd. (NTPC Ltd.), Tanda Thermal Power Station, Tanda Ambedkar Nagar. Learned counsel for the petitioner states that, initially, entry pass was issued in favour of the petitioner but for permanent entry pass, he had moved an application before the concerned Superintendent of Police for issuance of character certificate, the said request has been denied on account of pendency of criminal case as the petitioner is one of the accused in Case Crime No. 207 of 2016 under Sections 325, 323, 504, 506 IPC, Police Station- Pawai, District- Azamgarh. The said case was alleged on account of some differences in the family members. Except the aforesaid matter, no other criminal antecedents are against the petitioner and in case, the character certificate is not issued in his favour, he would not be allowed to enter in the NTPC Campus for his job.

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Even though, the charge-sheet has given but the same is not heinous in nature and moreover, the dispute is between the family members, only on account of the said proceedings, the character certificated cannot be denied.

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Considering the peculiar facts and circumstances of the case, both the orders passed by the authority concerned are set aside and the matter is relegated to the Senior Superintendent of Police, Azamgarh to pass appropriate order. Let the Senior Superintendent

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of Police, Azamgarh may reprieve the matter within two weeks from the date of production of certified copy of this order. Any indulgence accorded by the Senior Superintendent of Police, Azamgarh that would confined only for the purpose of Entry Pass in the NTPC Campus.

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With the aforesaid direction, the writ petition stands disposed of .

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Order Date :- 5.10.2023 Rama Kant

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Digitally signed by :- RAMAKANT High Court of Judicature at Allahabad

Pankaj Yadav v. State of U.P. and 2 Others

Case brief

What is this about?

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Pankaj Yadav v. State of U.P. and 2 Others

Case brief

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