NATWARBHAI P.PARMAR Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) The appellant has preferred the appeal challenging the order dated 24.9.2012 passed by learned single Judge in SCA No.9901 of 2012, whereby the learned single Judge was pleased to dismiss the petition.

(2.) Brief facts of the case are that respondent No.2 invited applications for the post of Conductor in the year 2010. Pursuant thereto, the appellant/original petitioner submitted his application and after appearing in the written test, the petitioner was informed by the respondent vide letter dated 08.02.2011 that he was selected for the post of conductor and that appointment order will be issued upon his furnishing medical fitness certificate and NOC from the local police authority. Thereafter, the petitioner was called upon by the respondent vide letter dated 29.4.2011 to produce the NOC, to which the petitioner replied through letter dated 4.5.2011 informing that he was never convicted and sentenced by any criminal Court and that one complaint was filed by his wife section 498-A of the IPC, which was pending. However, on 25/28.6.2012, respondent No.1 passed order cancelling the selection of the petitioner on the ground that a criminal case was registered against the petitioner prior to giving appointment to him. The learned single Judge found the order passed by the respondents to be proper and just and the petition came to be dismissed, against which the appellant has preferred the present appeal.

(3.) The learned counsel for the appellant submitted that the learned single Judge has erred in coming to the conclusion that prior to issuance of order of appointment, one maintenance application and a complaint under the Domestic Violence Act filed by the wife of the petitioner were pending. The learned counsel for the appellant invited the attention of the Court to the relevant column required to be filled while applying online for the post of conductor, which reads as under: