STATE OF U P Vs. ACHAL SINGH

JUDGEMENT

(1.) The State Government has filed this special appeal against a judgment and order of the learned Single Judge dated 16 October 2014.

(2.) The respondent was selected as a Constable in the Provincial Armed Constabulary of the State and was sent for training. The police verification revealed that two first information reports, namely, Case Crime 216 of 1998 under Sections 308, 325 and 504 of the Indian Penal Code1 and Case Crime 174 of 1998 under Sections 324, 323 and 504 of the IPC, were registered in which the respondent had been named. In both those cases, admittedly, final reports have been submitted on 2 August 1998 and 30 May 1998 respectively and the respondent was found not to have been involved in those offences. Charge sheets were however filed in respect of the other accused. A police verification report was submitted on 19 September 1998, which was to the following effect:-

(3.) On 29 September 1998, a letter was written by the Commandant of 6 Battalion, PAC Meerut to the District Magistrate recording that the respondent had been found not involved and to be innocent during the course of the police investigation. On 22 October 1998, a report was submitted by the Sub Inspector of Police Station Bhogaon, District Mainpuri, stating that on investigation it had been found that the respondent had been falsely implicated in the incident and that his conduct and character were good. On 24 October 1998, the District Magistrate responded to the communication of the Commandant dated 29 September 1998. Placing reliance on the report of the Police Station dated 22 October 1998, the District Magistrate recorded that the respondent had not been found to be involved in any offence and that he had been falsely implicated in the criminal cases. Moreover, it was stated that the conduct and character of the respondent were good.