PUSHPINDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner is a Balmiki by caste. He got himself registered with the Employment Exchange, Ambala. His name was included in the list of applicants for appointment to the post of Safai Karamchari. He received an intimation to appear for interview for a regular post of Sweeper in District Jail, Ambala. The Selection Committee recommended the name of the petitioner for appointment to the post of Sweeper on 5.10.2007. The petitioner was asked to fill up the form so as to have his character antecedents verified. It then surfaced that an FIR had been registered against the petitioner on 11.9.2006 under Sections 148, 149, 323, 324, 506 IPC at Police Station, Ambala Sadar. Thereafter, Superintendent Jail, Ambala, sought an opinion of District Attorney if the petitioner could be given appointment. The District Attorney had opined that the petitioner had not been convicted by any Court of law and hence, this could not be considered as a disqualification. The copy of the opinion given by District Attorney has been placed on record as Annexure P-5. Still, Superintendent Jail, Ambala, informed the petitioner through letter dated 19.3.2008 that he can not appoint the petitioner as a Sweeper due to the FIR registered against him. Against this action of the respondents, the petitioner has approached this Court, pleading that this order, cancelling his appointment after due selection is illegal, arbitrary, unjust, unfair and unconstitutional.

(2.) Notice of motion was issued and reply has been filed.

(3.) It is stated that action to fill up 22 vacant posts in Central Jail, Ambala, through concerned Employment Exchange, was initiated and candidates were interviewed on 24.7.2007 by the Selection Committee constituted by Superintendent Jail. It is admitted that the petitioner was selected by the Selection Committee and intimation in this regard was sent to him on 5.10.2007. An attestation form for character verification had also been enclosed therewith. The petitioner had submitted the character verification form in the office. In Column 12 (1A, 1B and 1C) of attestation form, the petitioner was required to disclose information about his having been arrested, about his prosecution or if he had ever been kept under detention. Column No. 12(1)(i), specifically required of the petitioner to mention if any case was pending against him in any Court of law at the time of his filing attestation form.