SHIMBHU SINGH Vs. STATE OF U.P

JUDGEMENT

(1.) LEARNED counsel for the petitioner has made a statement that he does not wish to file any rejoinder affidavit.

(2.) HEARD learned counsel for the parties at length and perused the record.

(3.) IT is pleaded that in pursuance of an advertisement dated 6.1.2005 and 21.1.2005, the petitioner had applied for recruitment to the post of Constable. After being selected, he was appointed on 15.5.2005. While he was posted in Bareilly, he was served with the impugned order cancelling his selection without giving any notice or opportunity. It is further pleaded that he had given an affidavit dated 16.4.2005 at the time of his selection that no criminal case was ever lodged or was pending against him and he was never arrested in any criminal case. It is further pleaded that from the impugned order he came to know that a Criminal Case No.121 of 2000 had been lodged against him at Police Station G.R.P., Shahjahanpur under Section 3/25 of the Arms Act. It is also pleaded that he neither knew about the said case nor was ever arrested or interrogated in it. It is then pleaded that after receiving the impugned order, he found out that a false case was registered whereafter he was acquitted vide order dated 1.2.2008. It is explained that some body had got lodged a false case against him in collusion with G.R.P. and made complaint to the D.I.G. who got it enquired, whereafter the impugned order was passed.