SWADESH PREMI Vs. STATE OF U.P.

JUDGEMENT

(1.) Through these proceedings instituted under Article 226 of the Constitution of India, the petitioner has prayed for issuing direction to the respondents to send him for training for appointment for the post of Constable in U.P. Police pursuant to the final select/recruitment list dated 06.01.2011 prepared by the U.P. Police Recruitment and Promotion Board (hereinafter referred to as 'Board'). Further, a prayer has been made that the respondents be also directed to pay salary and admissible allowances to the petitioner as and when the same accrues to him.

(2.) Pursuant to an advertisement issued on 25.06.2009 for recruitment of the post of Constable in U.P. Police, the petitioner submitted his application and accordingly, he was subjected to selection process.

(3.) During the course of selection process, to which the petitioner was subjected to, an FIR was lodged by his elder brother's wife (bhabhi) on 19.02.2010, under Sections 498-A, 323,506 IPC and Section 3/4 of Dowry Prohibition Act. The said FIR has been registered at Case Crime No.71 of 2010, Police Station Civil Lines, District Etawah. After investigation, charge sheet appears to have been filed on 04.07.2010. In the meantime, the petitioner was required to furnish information as to whether any criminal case is pending against him. In response thereto, he submitted his affidavit on 22.09.2010 stating therein the information relating to lodging of aforesaid FIR and the pendency of criminal case against him.