IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.13609 of 2010
1. SURENDRA YADAV S/O LATE MUNESHWAR YADAV R/O VILL.- DHANAULI, P.S.
BAHERI, DISTT.- DARBHANGA
Versus
1. THE STATE OF BIHAR THROUGH HOME SECRETARY, BIHAR, PATNA
2. THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA
3. THE SUPERINTENDENT OF POLICE, DARBHANGA
4. THE STATION HOUSE OFFICER, BAHERI, DARBHANGA
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3. 11.02.2011 Heard learned Counsel for the petitioner and the learned
Counsel for the State.
The petitioner is aggrieved by the denial of a character
certificate, because of which the licence of contract granted to him by
the Chief Engineer, Rural Works Department, Patna vide Registration
No. 2773/10 dated 1.2.2010 is not being considered and he is not being
awarded contract works by the State Government.
The petitioner submits that he was issued a character certificate
on 9.3.2009 for that financial year but is now being denied the same.
This averment in paragraph 6 of the writ petition has been answered at
paragraph 7 of the counter affidavit by stating that it needs no comment.
That the petitioner may be one of the seventeen named accused
in Baheri PS Case No. 81 of 1998 and that charge sheet had been filed
only against one accused Sarbali Yadav, when investigation is stated to
be still pending nearly 12 years later, are issues which need not detain
the Court.
Once the respondents on consideration of the aforesaid factors,
chose to grant him a character certificate on 9.3.2009 there can be no
justification to deny him the benefit of the same specially when it
involves his fundamental right under Article 19(1)(g) of the Constitution
of India to carry out a profession, occupation, trade or business.
The writ application is disposed with a direction to the
respondents to consider him for grant of character certificate in like
manner as was done by them when they issued a certificate to him on
9.3.2009, admitted in the counter affidavit.
Let such consideration be done and appropriate orders passed
within a maximum period of one month from the date of receipt and or
presentation of a copy of this order.
Snkumar/- (Navin Sinha,J.)