VIVEK KUMAR CHAUDHARY Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioner in the present writ petition has challenged the order dtd. 5/7/2019, passed by the Chairman/Upper Sachiv, U.P. Police Recruitment and Promotion Board, Lucknow, holding that petitioner has a criminal case registered against him and hence he is not eligible for being appointed on the post of Constable Civil Police and Constable PAC and that only persons who are upright with clear/clean record can only be appointed on the said post.

(2.) Brief facts are that the petitioner applied on 19/2/2018 for the post of Constable Civil Police and Constable PAC in pursuance of an advertisement published by U.P. Police Recruitment and Promotion Board, Lucknow in the year 2018. In the said advertisement 41,000 vacancies were advertised for the post of Constable Civil Police and Constable PAC. Along with the necessary documents, the petitioner also submitted an affidavit declaring that one N.C.R. case is pending against him. The petitioner qualified Written Examination held on 18/6/2018 as well as the physical test held on 11/12/2018. Subsequently, his medical test was conducted and therein he was declared fit for selection to the advertised post. A merit list of the successful candidates was prepared and the petitioner's name appeared on serial No. 2378. However, the respondent No. 2 by its order dtd. 5/7/2019, cancelled the petitioner's selection to the post of Constable Civil Police and Constable PAC, on the ground that the petitioner has concealed a pending criminal case bearing Crime No. 39 of 2013 registered under Sec. 323/504 of the Indian Penal Code, 1860, which is in violation of a Government Order dtd. 28/4/1958. As per Para 3 of the G.O. dtd. 28/4/1958, candidates involved in offences involving moral turpitude and violence against State should not be recommended for selection.

(3.) The petitioner submitted his reply and explained to the respondents about the pendency of the criminal case, that he had already declared about the criminal case in the affidavit which he submitted along with the application form. He further submitted that he did not know the particulars of the case registered against him as he has not yet been issued any summons by the court concerned.