MOHD. ANEESH KHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) We have heard Sri Kashif Zaidi, learned counsel appearing for the petitioner-appellant.

(2.) In this intra-court Special Appeal under Chapter VIII Rule 5 of the Rules of the Court, 1952, the petitioner-appellant is aggrieved by the judgment of the learned Single Judge dated 19.11.2013, by which, he has dismissed the writ petition against the order on the representation dated 8.4.2013, passed by the Commandant, 2nd Battalion, P.A.C., Sitapur, whereby, he has rejected the representation of the appellant, in pursuance of the directions issued by this Court on 2.11.2012, quoted as below: -

(3.) The Commandant, 2nd Battalion, P.A.C., Sitapur found that the petitioner was arrested on 25.6.1995 in Case Crime No. 13 of 1995, under Sections 323/452/504/506 I.P.C. and was granted bail on 25.6.1995. In another criminal case No. 26A/1995 under Section 147/452/323/504/506 I.P.C., P.S. Dildarnagar, registered on 13.2.1995, the petitioner had surrendered in the Court on 8.6.1995 and was granted bail on the same date on 8.6.1995. The petitioner appeared in the selections and was recruited as a constable. In the enrollment form, he did not mention about the two criminal cases which by that time had resulted in acquittal on 11.2.1998. He also did not disclose in his affidavit dated 1.9.1998 at the time of enrollment in P.A.C. that he was implicated in the criminal cases, in which he was arrested/surrendered, granted bail, tried and thereafter, acquitted. When this fact came to the knowledge of the respondents in the police verifications, it was found that he had made false declaration and on which, he was terminated from service by order simplicitor dated 19.3.1999. A Writ Petition No. 3164 of 2000 filed by him was disposed of by the order 2.11.2012. The Commandant, 2nd Battalion, P.A.C., Sitapur, found that in the impugned order that the petitioner Mohd. Aneesh Khan had full knowledge of the criminal cases against him and which were concealed by him at the time of his entry into the services. He had thus been given entry into the services by fraudulent declaration, which is likely to adversely affect the discipline in the police force. It is not proper to keep such a person in the police force who has gained entry by playing fraud.