Neutral Citation No. - 2024:AHC:106410-DB A F R Court No. - 29 Case :- SPECIAL APPEAL No. - 557 of 2024 Appellant :- Ram Sewak Respondent :- Honble High Court Judicature At Allahabad Recruitment Cell And 2 Others Counsel for Appellant :- Puneet Bhadauria Counsel for Respondent :- Ashish Mishra,C.S.C.

Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Prashant Kumar,J.

1. Heard Sri Puneet Bhadauria, learned counsel for the petitioner- appellant and Sri Fuzail Ahmad Ansari, learned Standing Counsel for the respondents.

2. The instant appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 is directed against the judgment and order dated 22.04.2024 passed in Writ A No.4727 of 2024 (Ram Sewak vs. Hon'ble High Court Judicature at Allahabad and 2 others) whereby learned Single Judge has proceeded to dismiss the writ petition at the admission stage. For ready reference, the said judgment is reproduced as under:-

“Heard learned counsel for the petitioner and Sri Fuzail Ahmad Ansari, learned counsel appearing for the High Court. Present writ petition has been filed against the order 28.7.2023 passed by the respondent no.3 by which the services of the petitioner has been terminated.

Learned counsel for the petitioner submits that in pursuance of the advertisement dated 27.10.2022 issued by the High Court recruitment cell in the year 2020-23 the petitioner applied for the post of Group "D" on 15.12.2022. After completing the selection process appointment letter no. 1245 dated 1.6.2023 was issued to the petitioner. Thereafter the petitioner joined his duties at District Court, Etah on 24.5.2023. The petitioner has submitted an affidavit wherein it has been specifically mentioned that no criminal proceeding is pending against him. During the police verification it has been found that Case Crime No. 392/2022 under section 232, 452, 504, 506, of IPC is pending against the petitioner. He further submits that the petitioner was not aware about the pendency of the aforesaid criminal proceedings before applying for the said post. He prays for allowing the writ petition on the ground that he was not aware about the criminal case being pending against him. Per contra, learned counsel appearing for the High Court submits that the petitioner has full knowledge about criminal case and concealed the same while filing the affidavit. He further submits that it has specifically been mentioned in paragraph no. 7 and 8 of the affidavit that no criminal case is pending against him. He further submits that since the criminal case is pending against the petitioner the impugned order has rightly been passed and the writ petition may be dismissed.

After hearing the learned counsel for the parties and going through the materials on record, the Court finds that since the criminal case was pending against the petitioner and in the affidavit the petitioner has concealed the same, no relief can be granted to the petitioner. No interference is called for in the impugned order dated 28.7.2023.

The writ petition is accordingly dismissed.”

3. The brief facts of the case culled out from the record are that in pursuance of the advertisement No.02/Sub Court/Group 'D'/2022 dated 27.10.2022 issued by the High Court Recruitment Cell in the year 2020- 23 the petitioner applied online for Group "D" post on 15.12.2022, which was completed successfully. After submitting the online form the petitioner entered in the examination as required by the Recruitment Cell Committee and has been selected for the said post. Consequently, the Chairman, Administrative Committee, District Court Etah had issued information letter no.131 dated 20.05.2023 regarding the appointment. Thereafter, vide letter no.1245 dated 01.06.2023, the respondent no.3 i.e. District Judge, Etah had issued appointment letter to the petitioner. In response thereof, the petitioner joined the Group 'D' post at District Court, Etah and started discharging his duties.

4. It further transpires from the record that as per pa