PRAMOD GOSWAMI Vs. STATE OF MP & OTHERS

JUDGEMENT

(1.) This petition under Art. 226 of the Constitution of India has been filed against the order dated 29-08-2017 (Annexure P1), by which the candidature of the petitioner for the post of Constable has been cancelled on the ground that he had furnished wrong information and has deliberately suppressed the fact of registration/pendency of a criminal case as well as that offence under Sec. 325 of Penal Code involves moral turpitude.

(2.) The necessary facts for the disposal of the present petition in short are that in the year 2013, an advertisement was issued by the Police Department for filling up various posts of Constable and the petitioner had also submitted his application form. A written examination was conducted on 15-09-2013 and the petitioner cleared the same. Thereafter, a physical test was conducted by the respondents on 08-02-2014 and the petitioner was selected for the post of Constable. In the meanwhile, a criminal case was registered on 31/10/2013 against the petitioner for offence under Sections 148, 294, 325, 440, 447 and 506- II of IPC, however, verification form was submitted by the petitioner in the month of May, 2014 in which it was mentioned that neither any criminal case has been registered nor is pending. The petitioner, thereafter, was acquitted by the Court of competent jurisdiction by judgment dated 9thJuly, 2014. When police verification was done, it was found that one criminal case was registered against the petitioner in Police Station Jaura, District Morena and the petitioner had suppressed the said fact in the verification form, therefore, the selection of the petitioner was cancelled and accordingly, the respondent No.3 was requested to delete the name of the petitioner from the select list.

(3.) Being aggrieved by the order dated 09-10-2014 written by Superintendent of Police to the respondent No.3, the petitioner approached this Court by filing WP No. 6610/2014 and the said writ petition was finally disposed of by this Court by order dated 15-02-2017 with the following directions:-