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IRSHAD ALI
Brijesh Kumar Pandey – Appellant
Versus
State Of Uttar Pradesh Thru Secy. Home – Respondent
JUDGMENT :
Irshad Ali, J.
1. Heard Dr. L.P. Misra and Mrs. Nandini Pandey, learned counsel for the petitioner and Sri Shiv Ganesh Singh, learned Additional Chief Standing Counsel for the State-respondent.
2. By means of the present writ petition, the petitioner seeks to challenge the order dated 25.7.2006, passed by the respondent No.4 (Superintendent of Police, Sitapur). He has prayed as under :-
(ii) To issue a writ order or direction in the nature of mandamus commanding the opposite parties to accept the joining of the petitioner submitted on 29-06-94 and issue Identity Card, Proper dresses and requirements and treat the petitioner to be appointed as Uttar Pradesh Police/Constable in continuous service from the date of the Hon'ble Governor's sanction vide Government order No. 4017/6-PU-10-94 dated 28-06-94.
(iii) To issue a writ order or direction in nature of mandamus commanding the opposite party No. 4 /5 S.P. Sitapur to issue self speaking appointment order in the light of Govt. order dated 17-06-94 & 28-06-94 and pay
The court emphasized the necessity of compliance with government orders and fair treatment in recruitment processes, ruling against arbitrary actions by authorities.
Mere pendency of a criminal case does not disqualify a candidate for public service if the allegations are trivial and disclosed during the application process.
Promotion to selection posts must be based on merit rather than seniority; the government is not obliged to promote an officer if deemed unsuitable.
Illegal appointments cannot be perpetuated, and mere continuation in service does not confer rights; reinstatement is not permissible if the appointment was void ab initio.
It is a settled legal proposition that the court should not set aside the order which appears to be illegal, if its effect is to revive another illegal order
A candidate's non-involvement in a criminal case, confirmed by removal from the FIR, allows for consideration in the current recruitment process despite prior allegations.
Point of law: it is always permissible for the authority not to perpetuate illegality once having been noticed and here in the instant case, from the initial stage itself, before allowing the petitio....
Discharge of police personnel without inquiry violates natural justice and mandatory administrative procedures.
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