SHISHIR YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition impugns an order dated 19th November, 2014 whereby the petitioner's appointment to the post of Constable/Driver cum Pump Operator in the Central Industrial Security Force (in short 'CISF') had been cancelled pursuant to the recommendations of the Standing Screening Committee (in short 'SSC') . The petitioner's case is that on 7th June, 2013, he was appointed to the post of Constable and was required to report to the CISF Recruits Training Centre at Bhilai Uttai, Distt: Durg, Chhattisgarh. On 6th July, 2013, when he reported for his training, he was not allowed to join the same and was sent back in the context of a criminal case in which he had been involved. The petitioner had submitted the relevant documents by post on 3rd September, 2013 but by the impugned order, his appointment was cancelled.

(2.) MR . H.S. Dahiya, the learned counsel for the petitioner submits that the criminal case in which the petitioner was involved, had already been adjudicated upon way back on 23rd February, 2010 whereby the petitioner had been acquitted. He submits that evidence was led by the prosecution and the Trial Court found that the prosecution witnesses, PW -1 and 3 had turned hostile and there was ample contradiction in the evidence of PW -2, because of which the accused/petitioner deserved to be acquitted. He further submits that once having been acquitted of the charges framed against the petitioners, there was no occasion for the SSC to doubt the character of the petitioner. Hence, he submits that the order of the SSC was without any basis.

(3.) HE further relies upon Annexure A of the said guidelines which lists out offences under the Indian Penal Code (in short 'IPC') and other Acts concerning serious offences/offences involving moral turpitude. It includes Section 452 of the IPC, with which the petitioner was charged.