STATE OF U. P. Vs. PRAMOD KUMAR

JUDGEMENT

(1.) Heard Sri Mohit Jauhari, the learned Standing Counsel for the Appellants and Sri Shesh Nath Bhardwaj, the learned Counsel for sole respondent.

(2.) The instant Intra Court Appeal has been filed by the appellant State of U. P. under Chapter VIII Rule 5 of the Allahabad High Court Rules against the judgment and order dtd. 27/3/2018 passed by an Hon'ble Single Judge of this Court, allowing Writ Petition No. 3878 (S/S) of 2017.

(3.) Briefly stated, facts of the case are that the appellants had made recruitments to the posts of constables in the Provincial Armed Constabulary (P.A.C.) in the year 1998. The respondent claims that he was appointed and was sent for training at the Recruitment Training Centre, Second Battalion, U.P. P.A.C. Sitapur, although no appointment letter was issued to him. At the time of recruitment, the respondent was required to submit an affidavit disclosing his antecedents and the respondent filed an affidavit dtd. 1/9/1998 categorically stating that as per his knowledge, neither any criminal case had been registered against him, nor had he been challaned by the police in any criminal case nor was any investigation pending against him. He had further stated in the affidavit that in case any fact mentioned in the application was found to be false or any fact was found to have been concealed, he should be removed from the service and be punished for the same. It was further stated the affidavit that in case any averment made in the affidavit was found to be false, his claim for recruitment may be rejected and in case any averment was found to be false even after his recruitment, he may be removed from the service and may be punished in accordance with the law and he would accept the same.