PRAMOD SINGH KIRAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with impugned judgment(s) and order(s) dtd. 10/2/2020 and 4/2/2022 passed by the Division Bench of the High Court of Madhya Pradesh at Jabalpur in Writ Appeal No. 723/2018 and Review Petition No. 672/2021 respectively, by which, the Division Bench of the High Court has allowed the said appeal preferred by the State and has quashed and set aside the judgment and order passed by the learned Single Judge allowing Writ Petition No. 18388/2014 and setting aside the order cancelling the candidature of the appellant herein as Police Constable, the original writ petitioner has preferred the present appeals.

(2.) Appellant herein applied for the post of Police Constable. In the verification form he disclosed of his being tried for an offence under Sec. 498A of the IPC. However, as he was involved in the criminal case earlier, though he was acquitted, his candidature was rejected by order dtd. 16/12/2014. The appellant filed the writ petition before the High Court against the cancellation of his selection/candidature and non-appointment. By judgment and order dtd. 21/8/2017 the learned Single Judge allowed Writ Petition No. 18388/2014 and set aside the cancellation of his candidature and non-appointment and directed the State to appoint him as a Police Constable with all consequential benefits including 50% back wages from the date on which other batchmates came to be appointed on the post of Constable.

(3.) Shri S.K. Gangele, learned Senior Advocate appearing on behalf of the appellant has vehemently submitted that in the facts and circumstances of the case, the Division Bench of the High Court has materially erred in allowing the appeal and quashing and setting aside the wellreasoned judgment and order passed by the learned Single Judge by which the learned Single Judge quashed and set aside the cancellation of candidature and non-appointment of the appellant as Police Constable.