MANOJ CHUPHAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The petitioner before this Court has challenged the order dated 15.03.2012 by which his services were terminated, as a Constable in Uttarakhand Civil Police. He further challenged the order dated 30.04.2013 passed by the Superintendent of Police, Pithoragarh by which his representation has also been rejected. Both these orders are under challenged in the present writ petition before this Court.

(2.) The facts of this case are that the petitioner was selected as Constable in Uttarakhand Civil Police and he was called for medical examination on 15.02.2012. Thereafter, he was given appointment on 24.02.2012. On the date of medical examination i.e. 15.02.2012 the petitioner was asked to sign an affidavit stating that as per his knowledge, no criminal case was ever filed against him nor any inquiry or court proceeding in any criminal matter is pending against him. This, the petitioner did, stating that no criminal case was filed against him, etc. Thereafter, the petitioner was sent for training and while he was under going training, the impugned order dated 15.03.2012 was passed whereby the services of the petitioner was terminated. The ground for terminating the services of the petitioner are that the petitioner had given a false affidavit to the Department that no criminal case was ever filed against him,whereas there is a reference of a criminal case (F.I.R. No. 05 of 2011, under Section 304 of I.P.C. Police Station Jhulaghat, District Pithoragarh) lodged against him, a fact which he has suppressed, for which his services have been terminated. Against the said order, the petitioner moved a representation, as referred earlier, which too has been rejected.

(3.) The State has filed its counter affidavit defending the two orders (referred above) stating that the petitioner had suppressed material facts before the Police Authorities. The State, therefore, would argue that by filing a false affidavit the real character of the petitioner is shown, and he is not worthy to be appointed in a police force, as he has proved to be dishonest.