AVINASH KUMAR Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THE writ petitioner is aggrieved by the order issued by the Border Security Force (BSF) dated 23.11.2012 rejecting his request that he be treated as an appointee along with the candidates who joined in the 32nd Batch for training, as a direct recruit Assistant Commandant (DE).

(2.) THE brief facts of the case are that the petitioner participated in the selection process i.e. Central Police Forces (Assistant Commandants) Examination, 2005 held on 16.10.2005 and was declared successful in the subsequent list published in that regard. He opted for BSF on 04.10.2006. Soon thereafter, on 10.11.2006 apparently a complaint was lodged against him alleging that he had committed offences punishable under Section 498A/406/34 IPC. He had also earlier been implicated in a case which alleged that he committed an offence punishable under Section 308/34 IPC. Information had already been disclosed to the BSF during the application process about the alleged criminal case involving the petitioner with respect to offence punishable under Section 308 IPC. Since the petitioner was implicated in the other criminal case subsequently, he intimated the UPSC - with regard to the alleged involvement in the complaint concerning the offence punishable under Section 498A IPC on 16.11.2006. He was intimated on 13.04.2007 that he was selected to the post of Assistant Commandant. On 07.08.2007, the complaint lodged against him under Section 498A/406/34 IPC was quashed by this Court. Due intimation was given to the BSF on 13.08.2007. While so, all other selected candidates were issued appointment letter and asked to report for training by joining Batch No. 32 on 12.11.2007 but the petitioner was not issued appointment letter.

(3.) IT is the common case of the parties that the petitioner was asked to report for training in December, 2008 when he was asked to join 33rd Batch. In the meanwhile, apparently, the Special Leave Petition preferred by the BSF was rejected on 29.09.2008. It is contended that the petitioner in the light of these developments represented to the BSF claiming that he ought to be treated as an appointee who joined with the 32nd Batch because he was kept away from it for entirely unjustified reasons. It was alleged by the petitioner that the rejection of his candidature, was set aside on 19.02.2008. Furthermore, he had been acquitted by the criminal court on 17.08.2007. The petitioner's request was however rejected by the impugned order.