Disposed

Sharad Kant Sharma v. State of U.P. and 2 Others

Allahabad HC2 Jul 2024WRIC/17159/2024

Case brief

AI extract

What is this about?

Writ petition seeking issuance of appointment letter for the post of Member of Permanent Lok Adalat, Pilibhit after selection. A prior criminal case had ended in an accepted closure report. The court disposed of the petition observing that the competent authority should take an expeditious decision since the list of candidates is pending with the State Government.

What the court decided

AI extract

Sharad Kant Sharma vs State of U.P. and 2 Others — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:114657-DB

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Court No. - 29

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Case :- WRIT - C No. - 17159 of 2024

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Petitioner :- Sharad Kant Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Adarsh Singh,Adwait Singh,Indra Raj Singh Counsel for Respondent :- Ashutosh Gupta,C.S.C.

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

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Heard Sri Adwait Singh, learned counsel for the petitioner, Ms. Shubhra Singh, learned Standing Counsel for the state-respondent no.1 and Sri Ashutosh Gupta, learned counsel for the respondent nos.2 and 3.

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The present writ petition has been preferred for a direction commanding the respondent no.2- U.P. State Legal Services Authority through its Member Secretary to consider the claim of petitioner for issuance of appointment letter on the post of Member in Permanent Lok Adalat, Pilibhit, in pursuance of his selection.

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The brief facts of the case are that the petitioner, after being selected for the post of Member of Permanent Lok Adalat in Pilibhit, faced a delay in appointment due to a lack of information pertaining to a past criminal case (Case Crime No. 390 of 2012 under section 306 I.P.C.) that was closed on account of final report, which was accepted by the ACJM, Court No.2 on 06.09.2012, confirming no pending charges at the time of application. Despite submitting the required information and a character verification report issued by the Superintendent of Police, Pilibhit, no decision has been made by respondents no. 1 and 2 on issuing the appointment letter.

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The Co-ordinate Bench of this Court while entertaining the writ petition on 2805-2024 has observed as follows:-

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"1. State and U.P. State Legal Services Authority are represented.

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2. Petitioner claims that only criminal case lodged against him, has resulted in a Closure Report filed by the Police. It found acceptance of the learned Magistrate.

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3. Thus, no impediment exists in the appointment of the petitioner as a Member of the Permanent Lok Adalat.

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4. Learned counsel for the respondents may obtain written instructions as to the exact reasons for denial of the appointment of the petitioner.

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5. If there is no legal impediment, we leave it open to the respondents to proceed in accordance with law with respect to the appointment of the petitioner.

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6. Put up as fresh on 2nd July, 2024."

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Thereafter, on 02-07-2024, the matter was adjourned on the request of the learned Standing Counsel.

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Today, when the matter was taken up, Sri Ashutosh Gupta, learned counsel for the respondent nos.2 and 3 has placed the instruction sent by the O.S.D., U.P. State Legal Services Authority, before this Court, which is taken on record.

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Sri Gupta, learned counsel for the respondent nos.2 and 3 further submits that vide communication No.466/Saat-Nyay-7-2023 a report of Superintendent of Police, District Pilibhit is forwarded without any letter from Section Officer, Nyay Anubhag-7, Government of U.P. for necessary compliance to this Authority. The letter of Superintendent of Police, district Pilibhit dated 28-04-2023 mentioned that in the matter pertaining to the criminal case registered against the petitioner, a final report No.63/2012 dated 06-09-2012 was sent due to insufficient evidence, which was accepted by the ACJM, Court No.2 vide order dated 23-12-2022 and accordingly, the matter was cosigned to the records.

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He further submits that in response to the aforesaid information a detailed communication was made to the State Government to take necessary steps in the matter. Since the matter is related to Nyay Anubhag, Government of U.P., report was sent to Government of U.P. for compliance.

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Learned counsel for the petitioner in this background submits, as per Section 22 B Clause 2(B) of the Legal Services Authority Act, 1987 "two other persons having adequate experience in public utility services to be nominated by the Central Government or, as the case may be the State Government on the recommendation of the Central Authority or the case may be, the State Authority".

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Sri Adwait Singh, further submits that the process of Recruitment of Member of Permanent Lok Adalat is initiated by the orders of Hon'ble Executive Chairman, UPSLSA, who is the head of 3 members committee. After due scrutiny, the Committee recommends the List of selected candidates. The list of the selected candidates are to be placed before Hon'ble Executive Chairman, UPSLSA for approval and then the approved list sent to the State Government for necessary action and notification. He submits that only after the notification of selected candidates in the official Gazette of the State Government of U.P., the appointment letter is issued by the UPSLSA to the candidates.

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10.In this background, learned counsel for the respondent nos.2 and 3 states that adequate information has already been transmitted and, so far as qua the credential of the petitioner is concerned, detailed instruction has already been placed and the closure report has already been submitted and accepted by the competent court.

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Learned counsel for the petitioner in this background submits that, as the

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learned ACJM, Court No.2 vide order dated 23-12-2022 has accepted the closure report dated 06-09-2012 and the matter is already cosigned to records, at this stage, there is no impediment which would deprive candidature of the petitioner for selection.

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Considering the factual situation, as the matter is pending consideration before the State Government, we dispose of the writ petition with an observation that in case the list of candidates are already recommended, an expeditious decision may be taken by the competent authority so that the work at the District Legal Services Authorities may not suffer.

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Order Date :- 18.7.2024 pks

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Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Sharad Kant Sharma v. State of U.P. and 2 Others

Case brief

What is this about?

What the court decided

Sharad Kant Sharma v. State of U.P. and 2 Others

Case brief

What is this about?

What the court decided

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