SANDEEP KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Article 226 of the Constitution of India. The petitioner seeks to set aside and quash the order dated 19/21 August, 2013 and to direct respondent No.2 to appoint the petitioner forthwith against the offered post of constable in CAPFS.

(2.) Counsel for the petitioner states that there is no concealment on the part of the petitioner so as to suppress his alleged involvement in the criminal complaint registered against him vide FIR No. 83/2011 under Sections 323 & 325 read with Section 34 of IPC, as the relevant documents relating to the said criminal case were filed by the petitioner at the time of submission of the attestation form. Counsel further submits that the petitioner had applied to seek his appointment for the post of Constable (GD) in CAPFS- 2011-2012 in SC Category, and the online application was filed by the petitioner. Counsel further submits that the said application was submitted by the petitioner in February 2011 while the criminal case was registered against the petitioner and his family members on 29th April 2011 vide FIR No. 83/2011, which would make it clear that as on the date of submission of the said form, there was no criminal case pending against the petitioner. Counsel further submits that the petitioner has been acquitted in the said criminal case on 11th August 2011 and in the order, the learned trial court categorically observed that there is nothing incriminating against the accused in the said case and the offences against the accused are not proved beyond reasonable doubt. Respondent in their letter dated 16th March 2013 have called upon the petitioner to submit a legible copy of the final report of the police, which was submitted by the police in the court and this letter clearly refers to the documents placed on record by the petitioner alongwith his attestation form explicitly clarifying that on scrutiny of petitioner's documents it was found that a criminal case vide FIR No.83 dated 29.4.2011 under Section 323, 325 and 34 IPC was registered against him in the Police Station Khol. Distt. Rewari (Haryana). This letter also refers to the acquittal of the petitioner from the said criminal charge by the order passed by Mr. Lokesh Gupta, Judicial Magistrate 1st Class, Rewari vide order dated 11th August 2011.

(3.) Based on the aforesaid submissions, counsel for the petitioner submits that there was no suppression or concealment on the part of the petitioner and withholding of any information with regard to the registration of FIR or pendency of criminal case against the petitioner and in fact it was the petitioner who himself annexed the documents so as to apprise the respondent with the complete disclosure of facts at the time of submission of attestation form.