PRASHANT DUBEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By the instant petition, the petitioner is challenging the legality, validity and propriety of order dated 25.12.2015 (Annexure-P/1) whereby his selection on the post of Constable has been cancelled by the respondents.

(2.) The learned counsel for the petitioner submits that the petitioner appeared and succeeded in the examination for appointment on the post of Constable but he was not given appointment as there were four criminal cases registered against him. He further submits that there was no suppression on the part of the petitioner in respect of the criminal cases registered against him despite that he was not found fit to be appointed. It is further submitted that there are various cases decided by this Court wherein directions have been issued to the Authority for reconsideration of the case of the petitioners therein as per the case of similarly situated person considered in the light of Policy laid down by the State Government and accordingly, this case may also be disposed of directing the Authority/ respondent No.3 to consider the case of the petitioner in accordance with prevailing Policy.

(3.) As per the facts of the case, in response to an advertisement issued for appointment to the post Constable in the year 2013, the petitioner applied for the same. After verification of the relevant documents and physical verification, the petitioner received an admit card which is available on record as Annexure- P/3. Thereafter, the petitioner appeared in the examination and cleared the same. He was then asked to appear before the Authority for medical and physical verification and pursuant thereto, he appeared before the Authority at Damoh and was found suitable in all aspects to be appointed on the post of Constable. As per the requirement, the petitioner had submitted an affidavit informing about the criminal cases whereby he disclosed that four different criminal cases were registered against him and he was acquitted in all those cases from all the charges. As per the petitioner, he did not suppress any fact. The petitioner was again called for verification as per the details mentioned in the form submitted by him. Since in all the examinations, the petitioner was found fit, therefore, he was expecting that he would receive the call letter for joining as Constable but even after lapse of four months, when nothing was done then he sent a representation to the Home Minister. At last, he received the order dated 25.12.2015 which is impugned in this petition informing him that he was not found fit to be appointed in the Police Department.