ARVIND KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri R.B. Singhal, Learned Counsel appearing for the appellant and Sri G.C. Upadhayaya, learned standing counsel.

(2.) This is an appeal against the judgment and order dated 27th July, 2006 dismissing the writ petition filed by the appellant.

(3.) Brief facts necessary for deciding the appeal are; the appellant applied for the post of Constable in the Provincial Armed Constabulary and was selected. The verification roll was sent by the Commandant P.A.C., Moradabad to the Superintendent of Police for verification of the character and conduct of the appellant. A report dated 6.11.2004 was sent by the concerned police station to the Superintendent of Police that Case Crime No. 870 of 2003, under Sections 307, 323, 504 and 506 of I.P.C. has been registered against the appellant in which final report has been sent to the Court. In the verification roll one column that whether the candidate has ever been convicted was there which was filed by the appellant in negative. An affidavit was also filed by the appellant before the Commandant, 23rd Battalion P.A.C., Moradabad on 19th October, 2004. In paragraph 4 of the said affidavit it was stated that no criminal case/cognizable matter in the knowledge of the appellant has ever been registered nor he has been challaned by the police nor any investigation by the police Is pending. The respondents after coming to know that a criminal case has been registered in which final report has been submitted took the view that the appellant has filed a false affidavit concealing the fact of registration of the first information report against him and, therefore, the respondents refused to send him for training. At that stage the appellant filed a writ petition praying for mandamus directing the respondents to permit the appellant to take the training. Learned Single Judge dismissed the writ petition against which order this appeal has been filed.