RAJKUMAR YADAV Vs. STATE OF M.P.

JUDGEMENT

(1.) With the consent of learned counsel for both parties, this writ petition is heard finally.

(2.) Petitioner has filed this present petition being aggrieved by the order dtd. 16/6/2017 whereby he has been denied the appointment to the post of Constable/Driver on account of registration of a criminal case.

(3.) The petitioner participated in the selection process for appointment to the post of Driver in the Police Department. The final result was declared in which the petitioner secured 53.68 marks and placed at Serial No.336 in UR category. After the final selection, he was posted at P.T.S. Indore on the post of Driver. Before joining, the petitioner submitted an affidavit disclosing the fact of registration of a criminal case as well as the judgment of acquittal. The aforesaid affidavit was sent for character verification from the Office of Superintendent of Police, Sagar. The character verification report was received against the petitioner and the same was placed before the Screening Committee. After considering the entire material on record and the law laid down by the Apex Court in the case of Mehar Singh Vs. Commissioner of Poilce reported in (2013) 7 SCC 685 and Avtar Singh Vs. Union of India reported in (2016) 8 SCC 471, the Committee has not found the petitioner fit for the post of Constable (Driver). Accordingly, the petitioner was not permitted to continue in the service. Hence, this present petition before this Court.