JITENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in the petition under Articles 226/227 of the Constitution of India is for the issuance of a writ of Certiorari for quashing order, Annexure P/17, dtd. 8/2/2022 dismissing the petitioner from service on account of his having concealed material facts while applying for the post of Constable.

(2.) Brief facts of the case leading to the filing of the instant petition are that in response to Advertisement No.3/2018 by the Haryana Staff Selection Commission, the petitioner applied for the post of Constable on 10/5/2018 (although vide corrigendum, the last date for applying was extended to 22/10/2018.,) was selected and appointed as such vide appointment letter Annexure P/6 dtd. 2/3/2019 and issued Constabulary Number on the same day, that FIR No.437 dtd. 8/9/2014 stood registered against the petitioner and others under Sec. 354-D (1) IPC at Police Station DLF, Phase-II, Gurgugram but the same resulted in acquittal of the petitioner vide order Annexure P/3 dtd. 10/5/2016, another FIR i.e. FIR No.697 dtd. 10/10/2014 stood registered against the petitioner and others u/Ss 148/149/323/341 and 506 IPC at Police Station Civil Line, District Hisar, in which the petitioner was convicted on 6/8/2018 but was released on probation vide order Annexure P/4 dtd. 9/8/2018, that on the basis of a complaint, impugned order, Annexure P/17 dtd. 8/2/2022 was passed, inter alia on the ground of concealment of registration of aforementioned FIR, framing of charges, and consequential ineligibility of the petitioner to apply for the post.

(3.) On 18/2/2022, learned Deputy Advocate General, had requested for an adjournment to enable him to assist in the matter by referring to the record. Accordingly, the case was adjourned for today on account of the order which is the subject-matter of challenge coming into operation w.e.f. 22/2/2022. Today, online application form has been produced. The same is taken on record as Mark 'A'. Translated version of Clause 4 of the instructions in the application form, is reproduced hereunder :-