FAKIRCHAND SOLANKI Vs. STATE OF M.P.

JUDGEMENT

(1.) In the instant petition filed under Article 226 of the Constitution of India, the petitioner has challenged the order dtd. 17/9/2024 passed by respondent No.2/Chief Engineer, PHE, Indore whereby the services of the petitioner have been terminated on the ground of suppression of fact of criminal case in the verification form at the time of appointment wherein a criminal case bearing crime No.309/2021 for commission of offences punishable under Sec. 323, 504, 506 of IPC is registered.

(2.) The facts in nutshell are that the petitioner was appointed on 21/3/2023 as "Cleaner" in work charge establishment by order dtd. 10/3/2023 on compassionate ground after the death of his father. As per the condition No.2 of the appointment order, the appointment of the petitioner was subject to the character verification report of police. From the facts and documents of the case floating on the surface, it has come on the record that on 7/9/2021 against the petitioner, a criminal case was registered for commission of offences under Sec. 323, 325, 504, 506 of IPC. On 1/10/2024, the charge-sheet was filed in the Court. The petitioner filed verification form and mentioned that no criminal case is pending against him. Thus, the aforesaid criminal case was suppressed in the verification form and the same was also not mentioned in the affidavit. On the aforesaid ground, the services of the petitioner were terminated.

(3.) Counsel for the petitioner argued that the petitioner has been acquitted by the Court of law in the said criminal case for commission of offences under Sec. 323, 325, 504, 506 of IPC. It is urged that the petitioner is a class IV employee and was engaged on compassionate appointment on the post of "Cleaner" by the respondents and he was charge- sheeted for offences of 'trivial nature' and, therefore, as per the clause 6(II)(a) of circular dtd. 24/7/2018, his compassionate appointment ought to have not been cancelled.