PRASHANT DEEP Vs. HIGH COURT OF DELHI

JUDGEMENT

(1.) By way of the present petition under Article 226 of the Constitution of India, the petitioner assails the order dated 11.02.2019 passed by the respondent/High Court of Delhi, whereby the petitioner's services were terminated. The petitioner also seeks a direction to the respondent to reinstate him in service on the post of Junior Judicial Assistant.

(2.) The facts emerging from the record that are necessary for the adjudication of the present petition are as follows. The respondent, on 12.06.2017, issued an advertisement inviting applications for filling up 124 vacancies to the post of Junior Judicial Assistant/Restorer and for preparing a panel for future vacancies. Pursuant to the aforesaid advertisement, the petitioner filled up an online application form, wherein he was categorically asked if he had ever been arrested, prosecuted, kept under detention or bound/convicted by a Court of Law for any offence. It is the petitioner's case that he had inadvertently answered the aforesaid question in the negative at the time of submitting his online application form. He states that on 18.03.2013, i.e., long before the issuance of the aforesaid advertisement, a misunderstanding took place between his family and their neighbor, namely Mr. Mahabir Singh, as a consequence of which, two cross FIRs were lodged, one by the petitioner's father against Mr. Mahabir Singh and the other by Mr. Mahabir Singh against the petitioner and his family members. It may be noted that FIR No.110/2013, in which the petitioner and his family members were arrayed as accused persons, was registered under Sections 323/341/427/506/34 of the Indian Penal Code, 1860.

(3.) It is the petitioner's further case that after the registration of the aforementioned FIRs, the petitioner's family and Mr. Mahabir Singh resolved their issues and settled all their disputes. In the light of the settlement arrived at between the parties, Mr. Mahabir Singh preferred an application under Section 320 of the Code of Criminal Procedure, 1973 with a prayer that the offences against the petitioner and his family members be compounded. While allowing Mr. Mahabir Singh's application under Section 320, the learned Additional Chief Metropolitan Magistrate (East), Karkardooma Courts, Delhi put up the matter before the Lok Adalat for passing of appropriate orders. In view of the compromise arrived at between the parties, the learned Plea Bargaining Judge, Lok Adalat, Karkardooma Courts, Delhi passed an order dated 25.05.2014 acquitting the petitioner and his family members. Similarly, even the FIR lodged by the petitioner's father against Mr. Mahabir Singh was also compounded.