PINTOO SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri K.M. Asthana, learned counsel for the petitioner and Sri Vikas Srivastava, learned counsel for the respondents.

(2.) The petitioner herein applied for consideration for recruitment for the post of Head Constable (Ministerial) in the Central Industrial Force (CISF) pursuant to an advertisement issued by the respondents. At the time of applying he was required to fill up the requisite form, wherein, he did not disclose the factum of involvement in a criminal case under Sections 342, 363 I.P.C., wherein, he had already been acquitted on 05.07.2007, i.e. much prior to filling up the said form. The written examination was held on 31.07.2011. He participated in the said examination and was successful, whereupon, he was called for medical examination/ physical efficiency test etc. to be held on 07.06.2012. On the said date, he was required to fill a questionnaire/ verification of attestation form. While filling the said form, a copy of which has been annexed as Annexure-CA-1 to the counter affidavit of the respondents, the petitioner herein categorically disclosed that an FIR was lodged against him in the past. He also disclosed the case number and sections under which the FIR was lodged, i.e. Case No.392 of 2005 under Sections 342, 363 I.P.C. He also disclosed the name of the police station, i.e. Kotwali Fatehpur, where the F.I.R. was lodged. He also disclosed the factum of a charge sheet having been filed in the said case and also his acquittal.

(3.) After completion of the medical examination/ physical efficiency test etc. the other candidates were issued their appointment letters, but, the petitioner was not issued the same, instead, his case was forwarded to the screening committee vide letter dated 03.07.2012 for a decision in terms of the policy guidelines framed by the Ministry of Home Affairs dated 01.02.2012 regarding cases of candidates for appointment in Central Army - Para Military Forces - pendency of criminal cases against the candidates - the effect of the same.