MAHESH PAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Vijay Gautam learned counsel for the petitioner and learned Standing Counsel. Petitioner after selection was recruited on as Constable in police force on 20.6.2006. By means of order dated 4.8.2007 passed by the S.S.P., Moradabad, the selection of the petitioner has been cancelled on the ground that at the time of recruitment he filed a raise affidavit in relation to column provided for declaration in respect of criminal cases registered or pending against him as he failed to disclose Case Crime No. 171 of 2000, under Sections 323/504/506 IPC.

(2.) Sri Vijay Gautam submitted that the petitioner was appointed in 2006 and filed the affidavit on 12.6.2006 and the alleged criminal case was registered in the year 2000, wherein he was acquitted by Judicial Magistrate, J, P. Nagar vide judgment dated 11.3.2005. It has further been submitted that since there was no clause requiring that if there were criminal case in the past and has resulted in acquittal then also the fact has also to be mentioned in the declaration form and thus the petitioner in good faith did not disclose about Case Crime No. 171/2000 as he was acquitted.

(3.) A counter-affidavit has been filed on behalf of the State-respondents wherein the allegation with regard to the fact that FIR was lodged in 2000 and the petitioner has been acquitted vide judgment and order dated 11.3.2005 have not been denied. Only submission made by learned Standing Counsel is that since criminal case was registered against the petitioner and despite the fact that he had been acquitted, a declaration in this regard was required to be given in the affidavit and nondisclosure amounts to concealment and in these circumstances the petitioner's selection/appointment has rightly been cancelled.