LAWS(MPH)-2017-8-33

RAMANAND PATEL Vs. CHIEF MANAGING DIRECTOR

Decided On August 21, 2017
Ramanand Patel Appellant
V/S
CHIEF MANAGING DIRECTOR Respondents

JUDGEMENT

(1.) The petitioner, a young person, aged about 26 years after obtaining ITI certificate in Electric trade in the year 2009 was appointed as Testing Assistant (Trainee). In the year 2013, he was declared successful after completion of training. He was required to submit police verification form and the petitioner submitted a police verification form also. The petitioner was granted a regular appointment as Testing Assistant on 04.03.2014. However, his services have been put to an end by order dated 10.08.2016. The only ground on the basis of which the services of the petitioner have been put to an end is non- disclosure about his involvement in a criminal case and his acquittal thereof.

(2.) The petitioner's grievance is that when he was three years old as per the customs prevalent in the petitioner's caste, he got married in the year 1992 and in the year 2008, when he attained 18 years of age, a FIR was lodged against him alleging commission of offence under Section 498-A of IPC. The petitioner has also stated the he was honorably acquitted in the criminal case vide judgment dated 25.04.2013 passed in criminal case No.159/2010.The petitioner further stated that as he was acquitted, under some mis-conception he did not disclose the factum of acquittal and the respondents have terminated his services.

(3.) The reply has been filed by the respondents and the respondents have also stated in the return that the petitioner has not disclosed the factum of acquittal in the from relating to character antecedents and, therefore, as there was suppression, of fact, the petitioner's services 0have rightly been put to an end. However, the respondents have not disputed the factum of acquittal.