SURESH KUMAR Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) The facts are taken from the writ petition CWP 17084 of 2019. The petitioner has filed the present writ petition inter alia with a prayer to quash the discharge order dated 11.06.2019. Vide order dated 11.06.2019, the competent authority has passed the order by observing that the petitioner has supressed/ concealed the fact regarding registration of criminal case in verification-cum- attestation form/ application form, filled up by him for verification of the character and antecedents and has ordered that he be hereby weeded out/ discharged from services with immediate effect.

(2.) The grievance of the petitioner is that he was falsely implicated in FIR No. 130 dated 23.03.2014. It is then contended that at the time of alleged incident, the petitioner was just 20 years of age and the matrimonial dispute relating to his sister was the bone of contention. It is then contended that vide judgment dated 05.09.2017, he was acquitted by the trial Court. Thereafter, on 16.04.2018, an advertisement was issued for inviting applications for various categories of posts including 5000 posts of Male Constables under category No. 1, in the Haryana Police. The petitioner applied for selection and thereafter was appointed as Constable on 06.03.2019. He was sent for basic training and after the completion of three months of training, vide the impugned order he was discharged from the service, by respondent No. 3 vide discharge order dated 11.06.2019. It has been submitted that the said order has been passed without issuing any show cause notice to the petitioner for the reason that the petitioner has concealed the factum of registration of F.I.R. No. 130 dated 23.03.2014.

(3.) Sh. Vinod Kumar, IPS has filed reply on behalf of respondents No. 1 to 3 dated 01.08.2019. In the reply, it has been inter alia submitted that from the scrutiny of the record by the Committee, it has been found that selected candidate Suresh Kumar (petitioner herein) has suppressed and concealed the facts regarding registration of case/ F.I.R. No. 130 dated 23.03.2014. It has been further submitted that he was acquitted from the Court of Sh. Mukesh Kumar on 05.09.2017 due to benefit of doubt. The counsel for the respondent relied on various documents, Rule 12.18 and thus concluded that discharge order dated 11.06.2019 (impugned in the present writ petition) deserves to be upheld.