SANAT KUMAR SHUKLA Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner has filed this petition challenging the legal validity of order dated 23-4-92, whereby, the petitioner's appointment has been cancelled. The petitioner has been removed from service on the ground that he had suppressed information and furnished incorrect information in the Character and Antecedent form which he had filled up at the time of his appointment.

(2.) The facts in brief are that the petitioner was working as a daily wager in the Geology and Mining Department, Govt. of Madhya Pradesh. Subsequently, he was appointed as a lower division clerk on probation vide order dated 31-12-1987 subject to character verification on the basis of the Character and Antecedent form to be submitted by the petitioner. It is submitted that the petitioner did not furnish any incorrect information in the Character Antecedent Form submitted by him subsequent to his appointment as he had mentioned in column 12 of the form that one case had been instituted against him which had come to an end. It is also put-forth that pursuant to the show cause notice issued to the petitioner, the petitioner in his reply clearly informed the respondents/authorities that a case had been instituted against him under Sections 147, 341, 294, 323 and 506-B of the Indian Penal Code but was ultimately dismissed vide order dated 4-10-1988 passed by the Judicial Magistrate First Class, Rewa and he had also filed a copy of the said judgment in spite of which the respondents passed the impugned order removing him from service.

(3.) It is contended by the learned counsel for the petitioner that the petitioner had informed the respondents/authorities that a criminal case had been instituted against him in which he was acquitted and, therefore, there is no suppression on his part. The action of the respondents is, therefore, extremely harsh and deserves to be set aside.