MAHENDRAKUMAR SAVJIBHAI MENAT Vs. POLICE COMMISSIONER

JUDGEMENT

(1.) HEARD Mr. D.R. Bhatt, learned counsel for the petitioner and Mr.Neeraj Soni, learned Assistant Government Pleader for State authorities. In this petition, challenge is made to the order dated 15.05.1998 passed by the Commissioner of Police, Ahmedabad, whereby the petitioner, who at the relevant time was working as Police Constable, was discharged from service.

(2.) BRIEF facts are to the effect that applications were invited for the post of Police Constable, wherein details, including with regard to the criminal proceedings and outcome thereof, were required to be furnished. The petitioner also applied and in the application form gave 'Nil' information against the column in which details of criminal proceedings and outcome thereof were to be furnished. Subsequently, it came to the notice of authorities that, as a matter of fact, criminal case was pending against the petitioner for the offence punishable under Sections 325, 323, 504, 506(2), 451, 447, 427 and 114 of Indian Penal Code. This was treated to be suppression of material fact in the application. For that a show cause notice was issued to the petitioner. After proper proceedings, the final order is passed whereby he is discharged from the service, giving rise to this petition.

(3.) LEARNED A.G.P. on the other hand has pointed out that the plain reading of the relevant column would show that details of all criminal proceedings, including which were pending, were to be shown and by not mentioning those details in the said column, petitioner suppressed material facts and got the appointment in the police force. This is treated to be a misconduct of the petitioner and also a grave misconduct. Not only that, the very foundation of the appointment was on this suppression of material fact and under these circumstances, no interference be made by this Court in the decision of the authorities.