Accordingly, exercise of power in the present case is contrary to vs Union of India and Others (supra) and hence the impugned
Case Details
Cited in this judgment
incumbent in the first information report and also consider explanation submitted by the candidate and take decision as to whether he should be allowed to continue in the Uniform Service.
11. In the present case, this Court finds that there is absence of any consideration by the competent authority to the gravity of charges and the suitability of the petitioner to hold the post, but competent authority has merely passed the impugned order relying upon the judgment of Hon'ble Supreme Court in the case of Avtar Singh Vs. Union of India and Others (supra). The absence of reasons goes to the very root of the matter and it disclosed mind of the person who has taken the decision as to whether he has applied his mind to all the facts which are necessary for arriving at just and fair decision.
12. In the present case, without even considering the nature of allegations levelled against the petitioner in the first information report, merely on the ground of directions of the Apex Court, the candidature of the petitioner has been cancelled. Accordingly, exercise of power in the present case is contrary to the directions of the Apex Court in the case of Avtar Singh Vs. Union of India and Others (supra) and hence the impugned order dated 13.08.2021 is illegal and arbitrary and is hereby set aside.
13. The respondent no. 6 - District Magistrate, Lakhimpur Kheri, is directed to pass fresh order with expedition, after taking into account the allegations levelled against the petitioner in the first information report and also seek response of the petitioner with regard to any special circumstances which may be submitted by the petitioner and thereafter, pass fresh reasoned and speaking order, in accordance with law complying with the directions of Hon'ble Supreme Court in the case of Avtar Singh Vs. Union of India and Others (supra).
14. In the light of above present writ petition is allowed. Order Date :- 12.5.2025 R.C. RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench
incumbent in the first information report and also consider explanation submitted by the candidate and take decision as to whether he should be allowed to continue in the Uniform Service.
11. In the present case, this Court finds that there is absence of any consideration by the competent authority to the gravity of charges and the suitability of the petitioner to hold the post, but competent authority has merely passed the impugned order relying upon the judgment of Hon'ble Supreme Court in the case of Avtar Singh Vs. Union of India and Others (supra). The absence of reasons goes to the very root of the matter and it disclosed mind of the person who has taken the decision as to whether he has applied his mind to all the facts which are necessary for arriving at just and fair decision.
12. In the present case, without even considering the nature of allegations levelled against the petitioner in the first information report, merely on the ground of directions of the Apex Court, the candidature of the petitioner has been cancelled. Accordingly, exercise of power in the present case is contrary to the directions of the Apex Court in the case of Avtar Singh Vs. Union of India and Others (supra) and hence the impugned order dated 13.08.2021 is illegal and arbitrary and is hereby set aside.
13. The respondent no. 6 - District Magistrate, Lakhimpur Kheri, is directed to pass fresh order with expedition, after taking into account the allegations levelled against the petitioner in the first information report and also seek response of the petitioner with regard to any special circumstances which may be submitted by the petitioner and thereafter, pass fresh reasoned and speaking order, in accordance with law complying with the directions of Hon'ble Supreme Court in the case of Avtar Singh Vs. Union of India and Others (supra).
14. In the light of above present writ petition is allowed. Order Date :- 12.5.2025 R.C. RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench