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2023 DIGILAW 495 (ALL)

Rajendra Prasad v. State Of U. P.

2023-02-20

ANISH KUMAR GUPTA, SURYA PRAKASH KESARWANI

body2023
ORDER : 1. Heard Shri Arvind Singh, learned counsel for the petitioner in Writ-C No.28220 of 2022, Shri Rahul Mishra, learned counsel for the petitioner in Writ-C No.28071 of 2022, Shri Rakesh Kumar Dubey, learned counsel for the petitioner in Writ-C No.32690 of 2022, Shri Rakesh Kumar Pandey, learned Senior Advocate assisted by Shri Santosh Kumar Singh holding brief of Parmeshwar Kr. Chaudhary, learned counsel for the petitioner in Writ-C No.34443 of 2022, Shri Utkarsh Srivastava, learned counsel for the petitioner in Writ-C No. 34611 of 2022, Shri Shitla Prasad Pandey, learned counsel for the petitioner in Writ-C No.36083 of 2022, Shri Shravan Kumar Pandey, learned counsel for the petitioner in Writ-C No.37521 of 2022, Shri Ramesh Kumar Kushwaha, learned counsel for the petitioner in Writ-C No. 34540 of 2022 and Shri Manish Goyal, learned Additional Advocate General assisted by Shri Ankur Tandon, learned counsel for the State-respondents. 2. Grievance of the petitioners are either:- (a) against the rejection of application for character certificate; or (b) suspension or cancellation of their character certificates; or (c) non-providing of any modalities for issuance of character certificate; or (d) non-providing of any forum to challenge the orders passed by the District Magistrate adversely disposing of a character certificate application. 3. Since the controversy involved in the present writ petitions is mainly on the above noted points and the State has filed personal affidavit of respondent no.1 providing for a forum and the learned Additional Advocate General has stated that modalities for grant or refusal to grant character certificate are under preparation, therefore, with the consent of learned counsel for the parties, all these writ petitions are being finally heard. 4. In paragraph nos. 3 and 4 of his personal affidavit dated 20.02.2023 Shri Sanjay Prasad, Principal Secretary, Department of Home, Government of U.P., Lucknow filed on behalf of respondent no.1, has stated, as under: “3. 4. In paragraph nos. 3 and 4 of his personal affidavit dated 20.02.2023 Shri Sanjay Prasad, Principal Secretary, Department of Home, Government of U.P., Lucknow filed on behalf of respondent no.1, has stated, as under: “3. That in this regard, it is submitted here that after due consideration with regard to the guidelines for character certificate, a Government Order dated 02.02.2023 had been issued by the Government of U.P., in which it is stated that in context of Government Order dated 02.11.2006, 12.12.2007 and 20.05.2013, in case any application for new character certificate is rejected by the concerned District Magistrate/Collector, such information along with reasons would be served upon the applicant and the applicant may within one month approach the concerned Divisional Commissioner by way of representation, upon which the concerned Divisional Commissioner would pass a reasoned order, after affording opportunity of hearing to both the sides and the same would be communicated to the concerned District Magistrate/Collector who would act accordingly. A true Photostat copy of Government Order dated 02.02.2023 is being annexed herewith and marked as Annexure No. PA-1 to this affidavit. 4. That further it is also provided that with regard to character certificates already issued, if the same would be cancelled by any District Magistrate/Collector, then the concerned person would be served with the information of cancellation of his character certificate and within one month he may file his representation before the concerned Divisional Commissioner and after giving opportunity to both the sides and the same would be communicated to the concerned District Magistrate/Collector who would act accordingly.” 5. Learned counsel for the petitioners jointly submit that although a forum has now been provided by the State Government vide G.O. No.47/6- i0q -14-23-50(07)/2006 dated 02.02.2023 and yet modalities have not been finalized by the State Government for issuance or rejection of a character certificate application or for cancellation of a character certificate. Learned counsel for the petitioners have also drawn our attention to the law laid down by learned Single Bench of this Court in Chandrika Prasad Nishad vs. State of U.P. and others (Writ Petition No.5018 (MS)/2005 decided on 12.07.2006 (paragraph nos. 30, 31 and 101) and pursuant thereto issuance of Government Order dated 05.01.2007. 6. Learned Additional Advocate General has drawn our attention to Government Order dated 02.11.2006 and Note no.6 of the PWD-T-4 (Form of character certificate). 30, 31 and 101) and pursuant thereto issuance of Government Order dated 05.01.2007. 6. Learned Additional Advocate General has drawn our attention to Government Order dated 02.11.2006 and Note no.6 of the PWD-T-4 (Form of character certificate). G.O. No.47/6- i0q -14-23-50(07)/2006 dated 02.02.2023 is reproduced below: ^^la[;k&47@6&iqŒ&14&23&50¼07½@2006 izs"kd] nqxkZ 'kadj feJ] eq[; lfpo] mRrj izns'k 'kkluA lsok esa] 1- leLr vij eq[; lfpo@izeq[k@lfpo@lfpo mRrj izns'k 'kkluA 2- iqfyl egkfuns'kd] mRrj izns'k] y[kuÅA 3- leLr foHkkx/;{k] mRrj izns'k] y[kuÅA 4- leLr vk;qDr@ftykf/kdkjh mRrj izns'kA 5- leLr iqfyl vk;qDr@ofj"B iqfyl v/kh{kd@iqfyl v/kh{kd] mRrj izns'kA x`g¼iqfyl½ vuqHkkx&14 y[kuÅ%& fnukad 02 Qjojh] 2023 fo"k;%& izns'k esa ekfQ;k xfrfof/k;ksa ij jksd yxkus gsrq ekxZ&n'kZd fl)kUrA egksn;] mi;qZDr fo"k;d 'kklukns’k la[;k&4435@6&iqŒ&14&06&50¼07½2006] fnukad 02-11-2006] 'kklukns'k la[;k& 87 ;wŒvksŒ@6&iqŒ&14&07185@07] fnukad 12-12-2007 ,oa 'kklukns'k la[;k&1624@6&iqŒ&14&06&50¼07½@2006] fnukad 20-05-2013 dk lanHkZ xzg.k djus dk d"V djsaA 2- 'kklukns'k la[;k&87 ;wŒvksŒ@6&iqŒ&14&07&185@07] fnukad 12-12-2007 ds lkFk layXu izi= la[;k&ihŒMCywŒMhŒVh&4 ds izLrj&6 esa ;g O;oLFkk fu/kkZfjr dh x;h Fkh fd ^^bl izek.k&i= ds fuxZr djus vFkok fujLr djus ds laca/k esa vfUre fu.kZ; lEcfU/kr ftyk eftLVªsV@dysDVj dk gksXkkA^^ 3- ekŒ mPp U;k;ky;] bykgkckn esa ;ksftr fjV ;kfpdk la[;k&28220@2022 jktsUns izlkn cuke mŒizŒjkT; o vU; ds lkFk VSx fjV lh la[;k&37521@2022 iadt dqekj frokjh cuke mŒizŒ jkT; o vU; esa ikfjr vkns'k fnukad 16-01-2023 ds dze esa lE;d fopkjksijkUr eq>s ;g dgus dk funsZ'k gavk gS fd mi;qZDr lanfHkZr 'kklukns'k fnukad 12-12-2007 ds layXu izk:i ihMCywMh&Vh&4 ds funs'k@uksV ds vuqdze esa izLrj&6 ds lEcU/k esa fuEuor O;oLFkk dh tkrh gS%& 6,&^^bl izek.k&i= dks fuxZr djus vFkok fujLr djus ds laca/k esa vfUre fu.kZ; lEcfU/kr ftyk eftLVªsV@dysDVj dk gksxkA ftyk eftLVªsV@dysDVj }kjk uohu pfj= izek.k&i= vkosnu i= ds lEcU/k esa vkosnu dks vLohdkj fd;s tkus dh fLFkfr esa dkj.k lfgr vLohdj.k lwpuk vkosnd dks rkehy djk;h tk;sxh vkosnd }kjk lwpuk rkehy ds 01 ekg ds vUnj viuk izR;kosnu lEcfU/kr e.Myk;qDr ds le{k iLrqr fd;k tk ldsxkA ftl ij mHk; i{kksa dks lqudj lEcfU/kr e.Myk;qDr pfj= izek.k i= fuxZr fd;s tkus vFkok u fd;s tkus ds lEcU/k esa viuk lqLi"V vfHker@fu.kZ; lecfU/kr ftyk eftLVªsV@dysDVj dks iszf"kr djsxkA lEcfU/kr e.Myk;qDr }kjk pfj= izek.k i= fuxZr fd;s tkus dk fu.kZ; fn;s tkus dh fLfkfr esa ftyk eftLVªsV@dysDVj mDr fu.kZ; ds leknj esa pfj= izek.k i= fuxZr djsxkA^^ 6ch&^^iwoZ ls fuxZr pfj= izek.k&i= dks ftyk eftLVªsV@dysDVj }kjk fujLr fd;s tkus dh n'kk esa vkosnd dks fujLrhdj.k ds dkj.k lfgr lwpuk rkehy djk;h tk;sxhA vkosnd }kjk lwpuk rkehy ds 01 ekg ds vUnj viuk izR;kosnu lEcfU/kr e.Myk;qDr ds le{k izLrqr fd;k tk ldsxk] ftl ij mHk; i{kksa dks lqudj lEcfU/kr e.Myk;qDr pfj= izek.k i- cgky fd;s tkus vFkok u fd;s tkus ds lEcU/k esa viuk lqLi"V vfHker@fu.kZ; lEcfU/kr ftyk eftLVªsV@dysDVj dks iszf"kr djsxkA lEcfU/kr e.Myk;qDr }kjk pfj= izek.k i= cgky fd;s tkus dk fu.kZ; fn;s tkus dh fLFkfr esa ftyk eftLVªsV@dysDVj mDr fu.kZ; ds leknj esa pfj= izek.k i= cgky djsxkA^^ 4- 'kklukns'k la[;k&87 ;wŒvksŒ@6&iqŒ&14&07&185@07] fnukad 12-12-2007 ds lkFk layXu izi= la[;k&ihŒMCywŒMhŒ&Vh&4 ds izLrj &6 dks bl lhek rd la'kksf/kr le>k tk;sA 'kklukns'kksa dks 'ks"k 'krsZ@izfdz;k ;Fkkor jgsaxhA Hkonh; ¼nqxkZ 'kadj feJ½ eq[; lfpoA^^ 7. A statement has been made by the learned Additional Advocate General that the preparation of modalities for issuance, suspension and cancellation etc. of character certificate are under process at the level of State Government, therefore, we do not wish to express any opinion on this aspect of the matter. 8. In view of the own stand taken by the State Government in the aforequoted Government Order and also in view of the statement made by learned Additional Advocate General that preparation of modalities for issuance, suspension or cancellation of character certificate is under preparation by the State Government, we direct the State Government, as under: (i) Paragraph nos. 6, and 6ch under paragraph no.3 of the aforequoted Government Order shall be enforced by the State Government and all concerned authorities forthwith. (ii) Representation made by a person under the aforequoted paragraph nos. 6, or 6ch of the G.O. dated 02.02.2023 shall be disposed of by the concerned Divisional Commissioner within six weeks from the date of submission of representation by a speaking and reasoned order, after affording reasonable opportunity of hearing to all the parties concerned. (iii) Since these writ petitions are pending from several months before this Court, therefore, we grant 30 days’ time to all the petitioners to make a representation before Divisional Commissioner under the aforequoted paragraph nos. 6, or 6ch , as the case may be, within one month from today, against the order of the District Magistrate. (iv) Where the District Magistrate/Collector does not pass any order on the character certificate application of an applicant within one month from the date of submission of application, such applicant shall also have a right to make a representation before the Divisional Commissioner, who shall issue appropriate order within six weeks from the date of submission of representation, after affording reasonable opportunity of hearing to the parties concerned. (v) Modalities for grant, rejection, suspension or cancellation etc. of character certificates shall be finalized and an appropriate Government Order containing the modalities shall be issued by the State Government within six weeks from today. 9. With the aforesaid directions, all the writ petitions are disposed of. 10. This order shall be communicated by the learned Additional Advocate General to the State Government within three days for compliance.