JUDGMENT :

Vikas Budhwar J.

1. Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Siddharth Khare, learned counsel for the appellant/writ petitioner and Sri Suresh Singh, learned Addl. Chief Standing Counsel for the State-respondents.

2. This intra-court appeal is against the judgment and order dated 28.02.2023 of the learned Single Judge passed in Writ-A No.22096 of 2022, (Ankit Chaudhary vs. State of U.P. and three others), whereby the writ petition of the writ petitioner was dismissed.

3. The case of the appellant-writ petitioner before the learned Single Judge was that an advertisement was published in the month of January 2018 for recruitment on the post of Constable Civil Police and Constable Provincial Armed Constabulary. As per the writ petitioner, he being fully eligible and qualified in all respects applied for selection and appointment on the post of constable under the OBC category. The writ petitioner claims to have been allotted Roll No.3311050244 and Registration No.105166994282. The writ petitioner further claims to have participated in the written examination conducted on 19.06.2018 and after successfully clearing the physical examination and subjected to Document Verification/Physical Standard Test (hereinafter referred to as “DV/PST”) followed by medical examination was accorded appointment on 15.05.2019. Post appointment, the writ petitioner claims to have been sent for training at Fatehpur and thereafter, at Mainpuri.

4. While the writ petitioner was discharging the duty on the post of Constable in police, a complaint is stated to have been lodged against him on the allegation of impersonation, as in place of the writ petitioner, somebody else appeared in the selection process and the writ petitioner procured appointment while playing fraud. It is further alleged that there were other police constables, who had procured appointment while resorting to impersonation and thus, a first information report is stated to have been lodged by the police officials before the Police Station Etmaddaula, Agra registered as FIR No.0389 on 08.06.2021 against as many as 9 persons, though the writ petitioner was not marked as an accused in the said FIR. On 20.07.2021, the writ petitioner claims to have been summoned before the second respondent, U.P. Police Recruitment and Promotion Board at Lucknow, in order to conduct enquiry and it is further alleged that the photograhs and biometrics of the writ petitioner were taken and, thereafter, he was sent to Agra District Jail, Agra. The writ petitioner thereafter is stated to have filed a Criminal Misc. Bail Application No.34570 of 2021, (Ankit Chaudhary vs. State of U.P.), wherein on 01.10.2021, this Court enlarged the applicant on bail, consequently, the writ petitioner was released from Jail on 26.10.2021.

5. Thereafter, the writ petitioner claims to have approached the respondents herein for according joining, but the same was refused. On 30.07.2021, an order is stated to have been passed by the second respondent, Chairman, U.P. Police Recruitment and Promotion Board, Lucknow, whereby on the basis of an exparte enquiry, it was found that the writ petitioner had obtained appointment as Police Constable by resorting to impersonation and by fraud, thus, his candidature was rejected and his name was delisted from the list of selected candidates. In continuation of the order dated 30.07.2021 of the second respondent, a consequential order was passed by the fourth respondent, Senior Superintendent of Police, Fatehpur, cancelling the appointment of the writ petitioner and delisting him from the list of selected candidates.

6. The writ petitioner further claims to have preferred Writ-A No.19036 of 2021, (Ankit Chaudhary vs. State of U.P. and 3 others) before this Court, which came to be disposed off by the learned Single Judge with the following directions: -

“Under such circumstances, the order impugned dated 30.07.2021 passed by the Chairman, U.P. Police Recruitment & Promotion