STATE OF MADHYA PRADESH Vs. BRIJ KOSHORE SONI

JUDGEMENT

(1.) The present intra-court appeal has been filed under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth ko Appeal) Adhiniyam, 2005, being dissatisfied with and aggrieved by the order dated 13-8-2020 passed by the learned Single Judge in WP-17512- 2019 [Brij Kishore Soni vs. State of M.P. and others], whereby the petition filed by the respondent/writ-petitioner has been allowed with a direction to reinstate him with all consequential benefits.

(2.) Bereft of unnecessary details, the facts which are obligatory to be uncurtained are that the respondent/writ-petitioner [hereafter referred to as the respondent ] submitted his candidature for appointment, in pursuance to the advertisement issued by the M.P. Professional Examination Board, Bhopal for the post of Constable Excise (Class III Executive). The respondent was selected and appointed by order dated 18-9-2013. He was required to fill-up an attestation form. In the relevant column, i.e. para 12, the respondent furnished the requisite information, wherein it was clearly mentioned that he faced a criminal case for the offence punishable under sections 325/34 and 323 of the Indian Penal Code. Vide Case No.1569/2010, decided on 28-7-2006, the respondent was acquitted of the charge, which was based on a compromise (Rajinama).

(3.) A notice to show cause, dated 15-12-2015 was issued to the respondent, wherein allegation was made taking aid of the M.P. Civil Services (Conduct) Rules, 1965 [hereinafter referred to as the Rules 1965 ] and the M.P. Civil Services (Classification, Control & Appeal) Rules, 1966 [for brevity, the CCA Rules ]. The respondent filed his detailed reply on 04-01-2016, wherein it was pointed out that he has not committed the alleged misconduct. He had disclosed all material facts while filling-up the form.