KAILASH KUMAR SINHA Vs. STATE OF C. G.

JUDGEMENT

(1.) The petitioner herein calls in question legality, validity and correctness of the order dtd. 27/5/2011 (Annexure P-12) by which respondent No.2 has held the petitioner to be unsuitable for the post of Constable (Telecommunication).

(2.) The petitioner applied for the post of Constable (Telecommunication), for which final select list was issued on 12/7/2010 and he was selected also, but in attestation form submitted on 12/8/2010 he disclosed the pendency of Criminal Case No.3/2011 for offences under Ss. 294 and 506 read with Sec. 34 of the IPC pending in the Court of Chief Judicial Magistrate, Dhamtari, therefore, he was not appointed, but later on, he was acquitted on 14/3/2011 (Annexure P-7) by the Court of Judicial Magistrate First Class, Dhamtari in Criminal Case No.03/2011. The petitioner made an application / representation for issuance of appointment letter in his favour on 17/3/2011 on the ground of acquittal, which was considered by the appointing authority and by the impugned order dtd. 27/5/2011 (Annexure P-12), it has been held that though the petitioner has been acquitted from criminal case, but considering his antecedents and character, he is unsuitable / unfit for government job and accordingly, his candidature was rejected, which has been called by way of this writ petition.

(3.) Return has been filed by the respondents/State opposing the writ petition stating inter-alia that even the petitioner did not disclose in his application form submitted before the authorities about the pendency of above-stated criminal case. Even otherwise, the decision taken by the appointing authority not to appoint the petitioner on the post of Constable (Telecommunication) is in accordance with law as the petitioner is found unsuitable looking to his criminal antecedents.