Court No. - 3 Case :- MISC. BENCH No. - 5983 of 2010 Petitioner :- Ashok Kumar Respondent :- State Of U.P.Through Its Prin. Secy. Home Civil Sectt. Lko. Petitioner Counsel :- Santosh Mishra Respondent Counsel :- C.S.C. Hon'ble Shri Narayan Shukla,J.
Hon’ble Devendra Kumar Arora,J.
Despite time provided by this Court the learned Standing counsel
failed to support the version of D.IG/S.S.P., Lucknow for not
recommending the petitioner’s case to grant him character
certificate.
Upon perusal of the record we find that the reports of the
subordinate officers are in favour of the petitioner and they have
also recommended for grant of certificate to the petitioner but
only DIG/SSP, Lucknow came in the way for not granting the
same, but his opinion is not supported with any material.
So far as the offences in which the petitioner has been shown to
have been involved are concerned, the report of the police officer
itself indicates that in the said offences the petitioner has been
acquitted, therefore, those should not material for forming the
opinion by D.I.G./S.S.P., Lucknow. There is no other adverse
material against the petitioner which leads the
D.I.G/S.S.P.,Lucknow for not recommending the petitioner’s case
in granting the character certificate.
In view of the aforesaid, we are of the considered view that it is a
fit case for interference by this Court and considering the entire
facts and circumstances of the case, we hereby issue direction to
the opposite parties to reconsider the petitioner’s case for grant
of character certificate within 15 days from the date of receipt of a
certified copy of this order.
With the aforesaid observation/ direction, the writ petition is
dispose of finally.
Order Date :- 23.6.2010
GSY