DEEPAK SINGH JATAV Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, a candidate for recruitment to the post of Constable (Executive) of Group 'F' in Railway Protection Force (RPF) and Railway Protection Special Force (RPSF), pursuant to Employment Notice No.01/2018, has filed this petition impugning the cancellation dated 20th December, 2019 of his candidature and seeking mandamus, directing the respondents Indian Railways to consider the petitioner fit for the post of Constable (Executive) in RPF/RPSF.

(2.) The reason given in the impugned Communication dated 20th December, 2019 for cancellation of the candidature of the petitioner is, (i) that the petitioner was empanelled for the subject post and called for medical examination; (ii) that after completion of medical examination, an Attestation Form filled by the petitioner was sent to District Magistrate, Shivpuri, Madhya Pradesh, for verification of "Character and Antecedents"; (iii) that on receipt of Police Verification Report from the District Magistrate Shivpuri, Madhya Pradesh, it was found that a criminal case under Sections 323/34, 294 and 504 of the Indian Penal Code (IPC) was registered against the petitioner and the petitioner, vide order dated 3rd May, 2019 of the Judicial Magistrate Shivpuri, had been acquitted under Sections 323/34 of IPC, on compromise and with respect to the charge against petitioner of offence under Section 294 IPC, it was observed that the petitioner was acquitted thereof for want of suitable evidence; (iv) that the petitioner, in the Attestation Form filled up by him, though was required to furnish the said particulars, but did not; (v) that though the petitioner had been acquitted from the above criminal case which involved moral turpitude/offence of heinous/serious nature but it was not a case of clear-cut acquittal, being on compromise; (vi) that thus it was not desirable to appoint the petitioner as a Constable in the disciplined force.

(3.) The petition dated 24th February, 2020 came up first before this court on 13th March, 2020, when we enquired from the counsel for the respondents Indian Railways, whether the respondents Indian Railways, in accordance with the dicta of the Supreme Court in Commissioner of Police, New Delhi v. Mehar Singh, 2013 7 SCC 685, had formed a Screening Committee to consider such cases.