SANJAY KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) B. S. Chauhan, J. The petitioner appeared in different phases for the recruit ment of Provincial Armed Constabulary, ( here in after called as the P. A. C.) for the period 18-1-96 to 23-3-1996 and was declared successful and in pursuance of his selection, he has joined on 6-12-96 and reported for training, which was to be commenced from 10-12-96. However, the ser vices of the petitioner has been terminated by the respondent No. 4 vide order dated 10-1-97, contained in Annexure 9 to the writ petition.

(2.) THE reason for terminating the ser vices of the petitioner has been given in the impugned order that while filling up the required forms during the process of selec tion, the petitioner filed an affidavit on 29-3-96 wherein he was affirmed that in his personal knowledge no criminal case has ever been registered against him nor he was ever been challaned by the police in any case, but the respondents while verifying the antecedent of the petitioner came to know that the petitioner had been involved in Crime case No. 56/94, under Section 323/504/506, I. P. C. read with Section 3 (1) and Section 10 of Atrocities on S. C. and S. T. Act and the case remained pending even subsequent to filing of that affidavit on 29-3-96 and the case was concluded vide order dated 4-5-96 of the learned Sessions Judge, Azamgarh in sessions trial No. 223/95, con tained in Annexure 8 to the writ petition. As the petitioner had given a false affidavit his service have been terminated.

(3.) FURTHER reliance has been placed by the learned counsel for the petitioner upon the judgment of the Division Bench of this Court dated 9-5-89 passed in writ petition No. 18303 of 1988 Vinod Kumar Dwivedi v. State of U. P. and others, in which identical facts and circumstances, this Court directed the authorities to wait till the conclusion of the criminal trial which was pending against the selected and as the selected in that case has been acquitted by the criminal court, he was asked to produce the judgment of the trial Court before the respondents there inn.