Surjeet Kumar Vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

Surjeet Kumar Vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition allowed with no order as to costs; impugned order dated 05.06.2025 set aside; matter remitted to respondent No.2-Superintendent of Police, District Basti, to reconsider issuance of the character certificate in light of the Anil Kumar (supra) guidelines within one month of production of certified copy; respondents given liberty to file recall application in case of concealment of fact by the petitioner.

Issue for consideration

Whether the impugned order dated 05.06.2025 rejecting issuance of the petitioner's character certificate was passed with application of mind and in adherence to the guidelines laid down by this Court in Anil Kumar (supra), and if not, whether it can be sustained.

Court's answer

The impugned order dated 05.06.2025 rejecting issuance of the character certificate was passed without application of mind and is non-speaking.

Ratio / Principle

This Court in the case of Anil Kumar (supra) laid down guidelines which have to be adhered to by the competent authority before rejecting a character certificate.

Key takeaways

The impugned order cannot be sustained and is accordingly set aside.ratio¶21
The matter is remitted to the respondent No.2-Superintendent of Police, District Basti, to consider the issuance of the character certificate to the petitioner in the light of the guidelines laid down in Anil Kumar (supra) within a period of one month from the date of production of certified copy of this order.ratio¶22
If there is any concealment of fact by the petitioner in obtaining the present order, the respondents shall have the liberty to file a recall application.

Detailed headnote1 paragraphs

HIGH COURT OF JUDICATURE AT ALLAHABAD (Saral Srivastava and Sudhanshu Chauhan, JJ.) — Writ-C No. 21253 of 2025, decided October 14, 2025 — Character certificate — Impugned order dated 05.06.2025 rejecting issuance of character certificate reproduced by the Court and found cryptic, non-speaking and passed without application of mind, failing to adhere to the guidelines laid down by this Court in Writ-C No.718 of 2025 (Anil Kumar Vs. State of U.P.) — Such order cannot be sustained and is set aside — Matter remitted to respondent No.2-Superintendent of Police, District Basti, to consider issuance of the character certificate in light of the Anil Kumar guidelines within one month from production of certified copy of the order — Writ petition allowed with no order as to costs — Liberty reserved to respondents to file recall application upon any concealment of fact by the petitioner.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 21253 of 2025

Surjeet Kumar

.....Petitioner(s)

Versus

State Of U.P. And 2 Others

.....Respondent(s)

Counsel for Petitioner(s) : Kanhaiya Lal Tiwari Counsel for Respondent(s) : C.S.C.

Court No. - 40

HON'BLE SARAL SRIVASTAVA, J. HON'BLE SUDHANSHU CHAUHAN, J.

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

The petitioner being aggrieved by order dated 05.06.2025 rejecting the issuance of the character certificate has approached this Court by means of the present writ petition.

Challenging the aforesaid order, learned counsel for the petitioner has contended that impugned order is cryptic and has been passed without application of mind inasmuch as it has failed to consider the guidelines laid down by this Court in bunch of writ petitions leading of which is Writ-C No.718 of 2025 (Anil Kumar Vs. State of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. & Others) . Accordingly, it is submitted that impugned order cannot be sustained in law.

Per contra, learned Standing Counsel would contend that while rejecting the character certificate, cogent reason has been recorded by the competent authority, and therefore, there is no illegality in the impugned order.

Be that as it may, the impugned order dated 05.06.2025 is being reproduced herein below:-

"वतर्मान पता :- (पूछ तांछ अिधकारी िनरूिपत / अश्वीकृत डी सी आर बी द्वारा / जमा करने के िलए लंिबत एल आइ यू द्वारा )- और एस. पी. / एस. एस. पी. से लंिबत कायर्वाही"

From the order extracted above, it is evident that the impugned order has been passed without application of mind and non-speaking. This Court in the case of Anil Kumar (supra) has laid down the guidelines which has to be

WRIC No. 21253 of 2025

2

adhered by the competent authority before rejecting the character certificate.

In such view of the fact, the impugned order cannot be sustained, and is accordingly set aside.

The matter is remitted to the respondent No.2-Superintendent of Police, District Basti, to consider the issuance of the character certificate to the petitioner in the light of the guidelines laid down by this Court in the case of Anil Kumar (supra) within a period of one month from the date of production of certified copy of this order.

Thus, for the reasons given above, the writ petition is allowed with no order as to costs.

It is made clear that if there is any concealment of fact by the petitioner in obtaining the present order, the respondents shall have the liberty to file recall application to recall the said order.

(Sudhanshu Chauhan,J.) (Saral Srivastava,J.)

October 14, 2025 Virendra

Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad