RAM CHANDRA SAHU Vs. STATE OF C.G

JUDGEMENT

(1.) BY this petition filed under Article 226 of the Constitution of India, the Petitioner impugns the letter dated 25-4-2006 along with letter dated 4-4-2006 (both letters marked as Annexure-P/1) where under the selection of the Petitioner to the post of Constable (GD) was cancelled on the ground that he has deliberately concealed the fact of pendency of a criminal case against him in the attestation form, which was filed after due selection.

(2.) THE indisputable facts in nutshell are that the Petitioner along with others made an application, pursuant to the advertisement dated 30-3-2005 (Annexure-P/2), for appointment to the post of Constable (GD). THE prescribed proforma of the application form (Annexure-P/3) required following information in columns 15and 16:

(3.) SHRI Mahendra Dubey, learned Counsel appearing for the Petitioner would submit that since the Petitioner has informed the authorities immediately by letter dated 12-9-2005 about the correct facts of the pendency of the criminal case, this does not amount to misconduct as to disqualify the Petitioner from being selected in the Police force as Constable. Secondly the offence under Section 498-A of the IPC has been compounded vide order dated 7-10-2005 (Annexure-P/6) passed by this Court in M.Cr.C. No. 2043/2005 Ramchand Sahu and Ors. v. State of Chhattisgarh and Anr. and the husband and wife are living peacefully. Learned Counsel relies on a decision of the Supreme Court in the case of Commissioner of Police, Delhi and Anr. v. Dhaval Singh : (1999) 1 SCC 246, in support of his contention.