RANVEER SINGH Vs. AKHELESHWAR RAM MISHRA AND ANOTHER

JUDGEMENT

(1.) HEARD learned counsel for the applicant and the learned Standing Counsel.

(2.) THE applicant had been selected as constable in the P.A.C. in the year 2006. Later on it appears that his appointment was cancelled by order dated 13.7.2007, passed by the Commandant, 9th Battalion, P.A.C. Moradabad on the ground that there was wrongful disclosure by the applicant in his affidavit submitted at the time of the character verification. The concealment alleged was that he had not disclosed about the pending criminal cases. The order of cancellation of appointment was challenged before this Court by way of Writ Petition No.33504 of 2007. The ground taken was that in the alleged criminal case, the applicant was never made an accused. The writ Court granted time to the learned Standing Counsel to produce relevant records with regard to the applicant being an accused in the criminal case. Learned Standing Counsel conceded, upon perusal of the records, that the applicant was not an accused in the said criminal case and as such there was no concealment on his part. The Writ Court thus, found that the cancellation of the appointment of the applicant was based upon non existent facts and had been passed on a wrong premise and as such allowed the Writ Petition vide order dated 02.08.2007 with costs of Rs.10,000/ -to be paid by Sri Bhajni Ram Mina, the then Commandant of the 9th Battalion, P.A.C., Moradabad who had passed the order dated 13.07.2007.

(3.) THE opposite party no.1, admits of being posted at 9th Battalion, P.A.,C., Moradabad between 11.08.2009 to 10.11.2010 i.e. the time when the contempt application was filed and the notices were issued. The only defence taken in the counter affidavit is that the State although had filed an intra Court appeal against the judgment of the learned Single Judge but the same had been dismissed by order dated 27.11.2007 with liberty to the State to file a review. It is further mentioned in the counter affidavit that the review application has been filed in August, 2008 which is pending consideration. Apart from the pendency of the review petition, no other reasons have been given for non compliance of the judgment of the writ Court even though he stayed at Moradabad, 9th Battalion, P.A.C., Moradabad for almost 15 months.