(1.) The petitioner through the instant petition under Articles 226 of the Constitution of India is seeking setting aside of communication dtd. 13/7/2016 (Annexure P-14) whereby the candidature of the petitioner for the post of Peon has been cancelled.
(2.) The petitioner in November' 2014 applied for the post of Peon with respondent-bank. The petitioner at initial stage filed application form and thereafter at the time of interview submitted attestation form. The petitioner appeared for the interview conducted by the respondent-Bank and stated that no criminal case is pending against him whereas FIR No. 121 dtd. 30/12/2011 under Ss. 419, 420, 120-B IPC was already pending against him and he was facing trial in the said FIR. The petitioner was acquitted vide judgment dtd. 15/7/2015 passed by JMIC, Kapurthala in the said FIR. The respondents vide impugned communication dtd. 13/7/2016 has cancelled candidature of the petitioner on the ground of non-disclosure of criminal antecedents.
(3.) Mr. Vivek Thakur, Advocate submits that due to inadvertence the petitioner did not disclose pendency of criminal trial against him. He was ultimately acquitted, thus, respondents were supposed to take lenient view.