NEELESH KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Petitioner had earlier approached this Court by filing Writ Petition No.21485 of 2018, which was disposed of vide following orders passed on 27.10.2018:-

(2.) The petitioner participated and was selected in recruitment carried out for Constable in Civil Police and PAC by Advertisement published in the year 2015. He had been shown as an accused in Case Crime No. 384 of 2016. An F.I.R. was lodged at P.S. Amaria District Pilibhit under Sections 323, 504 and 354 IPC. However, he submitted an affidavit on 08.06.2018 not disclosing the said information, although there is a specific column i.e. Column No. 8 in which the affidavit had to be filed which cast a specific duty on the applicant to disclose even pending cases. After the affidavit was filed by the petitioner saying that he was not an accused in any criminal case, the petitioner filed a revised affidavit on 15.06.2018 saying that whatever opinion he had disclosed in the earlier affidavit regarding non-pendency of any criminal cases, was due to wrong advise and he is now disclosing that he is an accused in Case Crime No. 384 of 2016. A final report has also been submitted by the Investigating Officer on 14.07.2016. He also stated in the said affidavit that he is withdrawing his earlier affidavit. However, no decision has been taken by the Appointing Authority on the revised affidavit.

(3.) It has, therefore, been prayed that this Court may direct the respondents/Appointing Authority to take appropriate decision in the matter. Reference has been made to a Division Bench judgment render by this Court in Special Appeal (Defective) No. 734 of 2016 (State of U.P. And 2 Others vs. Vinay Kumar) decided on 06.12.2016. The Court had considered the guidelines laid down in paragraph 38 of the judgment rendered in case of Avtar Singh Vs. Union of India and Others reported in (2016) 8 SCC, 471 and after quoting the said guidelines observed as follows :-