BHRAM DEO Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Vijay Gautam learned Counsel for the Petitioner and learned Standing Counsel.

(2.) Petitioner after selection was recruited as Constable in police force on 29.07.2005. By means of order dated 6.8.2006 passed by the S.S.P., Gorakhpur, 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. 262 of 1994, under Sections 147/148/149/302/324/504/506 Indian Penal Code.

(3.) Sri Vijay Gautam submitted that the Petitioner was appointed in 2005 and filed the affidavit on 3.7.2005 and the alleged criminal case was registered in the year 1994, wherein he was acquitted by Ist Additional Sessions Judge, Gorakhpur vide judgment dated 1.4.1999. 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 petitoner in good faith did not disclose about Case Crime No. 262 of 1994 as he was acquitted.