BANTI SAHARIYA Vs. STATE OF MP

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-

(2.) The necessary facts for disposal of the present petition in short are that in the year 2017-18 an advertisement was issued by the respondents for appointment on the post of Police Constables. The said Special Recruitment Drive was for the members of primitive scheduled tribes. The petitioner also participated in the Special Recruitment Drive and by the merit list (Annexure P3), the petitioner was declared selected and accordingly, the Assistant Inspector General of Police, Special Branch, PHQ Bhopal, by letter dated 02/11/2018 (Annexure P5), directed the petitioner for his appearance before the Special Branch, PHQ Bhopal on 16/11/2018 for verification of his character. It is submitted that on 12/03/2017, Crime No.75/2017 was registered by Police Station Raghogarh, District Guna against the petitioner for offence u/S. 363 of IPC. Later on, charge-sheet for offence under Sections 363, 366, 376(1) of IPC and Section 3 /4 of Protection of 2 Children from Sexual Offences Act, 2012 [in short '' POCSO Act''] was filed. The petitioner was acquitted by judgment dated 19/01/2019 passed by Special Judge (POCSO Act)/Second Additional Sessions Judge, District Guna passed in Special Sessions Trial No.25/2017. Thereafter, by letter dated 22/04/2019 (Annexure P9), the petitioner has been informed that the Scrutiny Committee by its order dated 08/03/2019 has held that the petitioner is unfit for his appointment on the post of Constable. Although the copy of the order dated 08/03/2019 passed by the respondent No.3 has not been placed on record but by IA 6041/2019, the petition was amended seeking quashment of the order dated 08/03/2019.

(3.) Considered the submissions made by the counsel for the petitioner.