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2021 Supreme(All) 263

AJAY BHANOT
Sanny Kumar – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Bhanu Pratap Singh, Rateesh Singh
For the Respondent: Vikram Bahadur Yadav, Adv.

JUDGMENT :

Ajay Bhanot, J.

1. The petitioner has assailed the order dated 15.06.2020 passed by respondent no. 3- Superintendent of Police, Jalaun, cancelling his selection as Constable in the U.P. Police.

2. The judgment is being structured in the following conceptual framework to facilitate the discussion:

I. Introduction

II. Submissions of learned counsels

III. Facts

IV. Legal perspectives

IV.i. Examination of suitability of candidates for appointment

A Material for formation of opinion before the authority

B Nature of proceedings

C Standard of evidence & Impact of chargesheet

D Procedure for enquiry

IV.ii Line of Enquiry by the authorities

A. Consideration of criminal cases

B. Mitigating factors

IV.iii Decision of the authority

V. Analysis of facts and conclusions

I. Introduction:

3. The recruitment process for various posts in the U.P. Police was initiated by notification dated 14.01.2018. The petitioner applied in response to the said notification. The petitioner was selected for appointment to the post of Constable in the UP Police.

4. The declaration made by the petitioner in the affidavit of verification on 22.04.2019 during the recruitment process disclosed following criminal c

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