STATE OF U.P. Vs. DEEP NARAIN MISRA & ORS.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 6008 of 2015, Judgment Date: Aug 07, 2015

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                    CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO.6008 OF 2015
                (Arising out of SLP(C)NO.11711 of 2013)


STATE OF U.P.                                            ...   APPELLANT(S)

                                 VS.

DEEP NARAIN MISRA & ORS.                                 ...  RESPONDENT(S)



                         J U D G M E N T



ANIL R. DAVE, J.

1.    Leave granted.
2.    Upon hearing  the  learned  counsel  for  the  parties,  the  impugned
judgment is modified to the effect that as a special case,  Respondent  No.1
shall be given fresh appointment before 1st  September,  2015,  but  without
backwages and seniority.
3.    It has been observed in the  impugned  judgment  that  the  appellant-
State shall  not  make  any  appointment  in  future  without  prior  police
verification.
4.    It appears that it would be  very  impracticable,  as  stated  by  the
learned counsel for the appellant that the police verification takes lot  of
time and if the person is not appointed till the  verification  is  done  by
the police, it would not be in the interest of the State.
5.    In the circumstances, the observation with regard to appointment  only
after police verification is set aside but the appointments made,  shall  be
subject to police verification.
6.    The appeal is allowed with no order as to costs.
7.    It  is  made  clear  that  this  order,  so  far  as  it  pertains  to
appointment of Respondent No.1 is concerned,  shall  not  be  treated  as  a
precedent.



                                                            ..............J.
                                                              [ANIL R. DAVE]



                                                            ..............J.
                                                             [KURIAN JOSEPH]
New Delhi;
7th August, 2015.