DINESH SINGH PARIHAR Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) THE petitioner before this Court has filed this present petition being aggrieved by an order dated 11.11.13 by which the petitioner has been declined an appointment to the post of Constable, General Duty in the services of Home Department (Police).

(2.) IN the present case, the petitioner was subjected to prosecution in respect of offences under Section 324/34 IPC read with section 3(1)(10) of The Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 registered at Crime No. 44/2012 and he has been acquitted vide acquittal order dated 3.8.10. He was selected for the post of Constable, General Duty in the year 2013, however an order has been passed declaring him to be unfit for appointment solely on the ground that a criminal case was registered against him, in which he has been acquitted by giving the benefit of doubt. The contention of the petitioner is that he is entitled for appointment as he has been acquitted by the trial Court, irrespective of the fact whether it is on technical ground or whether it is on account of giving the benefit of doubt.

(3.) HEARD the learned counsel for the parties at length and perused the record.