VINOD SINGH GURJAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) With consent, heard finally.

(2.) The present petition has been filed being aggrieved by the order dated 02.09.2015 passed by the respondent No. 4/Inspector General of Police, Special Branch, Bhopal, whereby, the petitioner has been disqualified to hold the post of constable in Police Department for the reasons that a criminal case bearing Crime No.149/2014 was registered against the petitioner.

(3.) The contention of the petitioner is that he has been acquitted in the aforesaid case vide order dated 29.06.2015 passed by I Additional Sessions Judge, Jaura, Distt. Morena and at the relevant point of time when the selection process was going on, no case was registered against him. He has argued that the ratio of Mehar Singh Vs. Commissioner of Police, New Delhi, the judgment of Hon'ble Supreme Court is not applicable in the fact and circumstances of the present case. Petitioner has further stated that it is not the case of suppression of the information by the petitioner, therefore, relying the same, candidature of the petitioner has been rejected, but the fact remains that no case was registered at the relevant point of time against the petitioner i.e. at the time of allotment of posting and time of submission of form, therefore, cancellation of candidature of the petitioner is illegal and arbitrary therefore, the impugned order is liable to be quashed.