Kamlesh Devi vs State of U.P. and Another

Yogendra Kumar Sangal, J.

Heard learned counsel for the applicant, leaned AGA for the state and perused the record.

A complaint was made by the applicant before the appropriate authority saying that on the basis of a forged certificate, respondent no. 2 obtained service in the police department on the post of Constable . Copy of the inquiry report is available at page 14. From the accusation taken by the authority concerned, it was found that on the forged certificate relating to caste, respondent no. 2 obtained service in the police department on the post of Constable and inquiry authority recommended for taking action against the applicant and also against the officers of the police department who were involved in his appointment. On the basis of this report and complaint of the applicant, a first information report was lodged at the police station concerned and after investigation in the matter final report was submitted in the matter which is at page 22 of the application. For the acceptance of the final report, notice was issued to the applicant but as she was not available in the Lok Adalat, final report was accepted by the Magistrate concerned. Again the applicant made protest application after knowing the result of his report before the court concerned but vide impugned order dated 29,09.2008, learned C.J.M. Ghaziabad again accepted the final report on the basis that earlier final report was accepted and there is no reason to consider the objection again on the final report.

Learned counsel for the applicant argued that without giving opportunity of hearing to the applicant, this order for accepting the final report has been passed. Learned AGA conceded that opportunity of hearing was not given in the matter to the applicant and the impugned order was passed .

Seeing the circumstances of the case, perusing the record, considering the arguments of the learned counsel for the applicant, and learned AGA, I am of the view without proper opportunity of hearing to the applicant, final report was accepted by the court concerned and the order passed by the learned Magistrate is liable to be set aside . There is no need to issue notice to the respondent no. 2 in the circumstances of the case.

Application is hereby allowed. Impugned order passed by the learned Magistrate dated 29.09.2008 is hereby set aside. Learned C.J.M., Ghaziabad is directed to register the matter again and after giving opportunity of hearing to the applicant, the objection shall be decided by reasoned order. Learned C.J.M. is further directed to inquire that what action was taken by the Police Officers, against those who were found guilty in the inquiry report dated 05th July, 2006 in SPD Inquiry No. 35 of 2006 and report in this regard will also be submitted . This application is disposed of accordingly.