Disposed

Ayush Dwivedi v. Union of India Thru. Secy. Ministry of Defense Govt.of India New Delhi and Others

Allahabad HC5 Apr 2024WRIA/2727/2024

What the court decided

AI extract

Outcome

Direction to competent authority of Union of India to take final decision on petitioner's appointment as Agniveer per Avtar Singh within two weeks.

Ayush Dwivedi vs Union of India Thru. Secy… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:28821

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Court No. - 6

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Case :- WRIT - A No. - 2727 of 2024

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Petitioner :- Ayush Dwivedi

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Respondent :- Union Of India Thru. Secy. Ministry Of Defense Govt.Of India New Delhi And Others Counsel for Petitioner :- Hari Shanker Tewari,Ajay Tiwari Counsel for Respondent :- A.S.G.I.,C.S.C.

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Hon'ble Abdul Moin,J.

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Heard learned counsel for the petitioner, Sri Anand Dwivedi, learned counsel appearing for respondent nos. 1 to 3 and learned Standing Counsel appearing on behalf of respondent no.4.

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With the consent of the parties, the writ petition is being decided.

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This writ petition has been filed praying for quashing of character verification report of the petitioner submitted by Superintendent of Police, District- Amethi, dated 28.06.2023, a copy of which is filed as annexure no.1 to the petition. Further prayer is for a mandamus commanding the Superintendent of Police, Amethi to issue a fresh character certificate and further to allow the petitioner to perform his duties and earn his salary and allowances month to month.

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The contention of the learned counsel for the petitioner is that the petitioner had applied for being selected for the post of Agniveer in the Army. He qualified the physical test and the written examination and thereafter had to be sent for training but the respondents did not send the petitioner for training on account of pendency of case crime no. 31 of 2022 under Section 323, 504 and 506 IPC, P.S. Munshiganj, District- Amethi. The police had also issued a character certificate to the petitioner on 12.02.2023, a copy of which is annexure no.-4 to the petition.

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When the petitioner was not being sent for training, the petitioner was constrained to approach this Court by filing a Writ A No. 1647 of 2023 in re:Ayush Dwivedi Vs. Union of India and others. The Writ Court vide order dated 24.02.2023, the copy of which is annexure-6 to the petition, considering the Judgment of Hon'ble Apex Court in the case of Avtar Singh vs Union Of India & Ors , reported in (2016) 8 SCC 471, required the respondents to consider the case of the petitioner,

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in case he is found to be selected, other than his character certificate, and to proceed to send him for training.

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In pursuance thereof, the petitioner has been sent for training and has now approached this Court by means of the instant petition praying for quashing of character verification report as submitted by Superintendent of Police, District- Amethi, dated 28.06.2023, a copy of which is annexure-1 to the petition, whereby considering the criminal case lodged against the petitioner, the Superintendent of Police, Amethi has not recommended the petitioner for being appointed.

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The contention is that it is the employer who should take a final decision in the matter considering the law laid down by the Hon'ble Apex Court in the case of Avatar Singh (supra) , as such it is prayed that the employer, i.e., Union of India, may not be influenced by the character certificate which has been issued by the Superintendent of Police, Amethi and may take an independent decision keeping in view the principles laid down by the Hon'ble Apex Court in the case of Avatar Singh (supra).

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On the other hand Sri Anand Dwivedi learned counsel appearing for the respondent nos. 1 to 3 does not dispute the aforesaid position of law laid down by the Hon'ble Apex Court in the case of Avatar Singh (supra).

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Accordingly, considering the law down by the Hon'ble Apex Court in the case of Avatar Singh (supra) , wherein the final decision pertaining to an appointment of a candidate who is having criminal cases lodged against him, is to be taken by the employer, as such the writ petition is disposed of with a direction to the competent authority of the Union of India to take a final decision on the appointment of petitioner as Agniveer in terms of law laid down by the Hon'ble Apex Court in the case of Avatar Singh (supra). Let the decision be taken within a period of two weeks from the receipt of certified copy of this order.

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Order Date :- 9.4.2024 Vipul

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Digitally signed by :- VIPUL PRATAP GOGAL High Court of Judicature at Allahabad, Lucknow Bench

Ayush Dwivedi v. Union of India Thru. Secy. Ministry of Defense Govt.of India New Delhi and Others

What the court decided

Ayush Dwivedi v. Union of India Thru. Secy. Ministry of Defense Govt.of India New Delhi and Others

What the court decided

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