STATE OF U.P. Vs. DINESH KUMAR

JUDGEMENT

(1.) Leave Granted.

(2.) The State of Uttar Pradesh is in appeal against the judgment and order of the High Court of Judicature at Allahabad in Special Appeal No. 69 of 2025 passed by the Division Bench on 22/5/2025, affirming the order of learned Single Judge in Writ A. No.817 of 2024 which had been preferred by the respondent when the appellant(s) herein cancelled his appointment as Sahayak Samiksha Adhikari. The learned Single Judge had allowed the application vide judgment dtd. 5/11/2024.

(3.) In short, the facts are that the Uttar Pradesh Public Service Commission issued an advertisement dtd. 5/3/2021 notifying the examination for recruitment of Samiksha Adhikari/Sahayak Samiksha Adhikari. The respondent was selected therein and pursuant to such a selection he was asked to furnish an attestation form and subsequently a verification form also. In both forms, particular questions have been put to the applicant whether there were any criminal cases pending against them. In both instances, the respondent had answered in the negative. The attestation form is Annexure P1 of the record and the verification form is Annexure P2. In actuality, there were two cases pending against him being Case Crime No.198 of 2019 under Sec. 147, 323, 504, 506 and 325 of Indian Penal Code,1860[Hereinafter referred to as 'IPC']; and Case Crime No.215 of 2018 under Sec. (s) 354D of IPC and Sec. 12 of Protection of Children from Sexual Offences Act, 2012.