SANJEET KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner through instant petition under Article 226 of the Constitution of India is seeking setting aside of order dtd. 9/10/2019 whereby respondent has refused to allot him regimental number. He is further seeking direction to respondents to issue him joining/appointment letter.

(2.) The petitioner, pursuant to Advertisement No.3/2018, applied for the post of Constable under BCA Category. He successfully cleared Written Test followed by Physical Measurement and Physical Screening Test. The respondent, during verification of his credentials, found that an FIR No.284 dtd. 18/9/2017 under Ss. 346, 323, 328, 342, 363, 366 376 and 112 of Indian Penal Code, 1860 (for short 'IPC') and Sec. 3 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'SC/ST Act') at Police Station Khol, District Rewari was registered against him. On account of said FIR, the respondent refused to issue appointment/joining letter which has forced the petitioner to file the instant petition.

(3.) Learned counsel for the petitioner submits that there was no column in the application form with respect to concluded criminal case especially where candidate has been acquitted, thus, petitioner in the application form could not disclose factum of his acquittal in criminal case. He was acquitted by Trial Court vide judgment dtd. 7/2/2018. The respondent has rejected his claim relying upon Rule 12.18(3)(e) of Punjab Police Rules, 1934 (as applicable to State of Haryana) (for short 'PPR'). Said Rule is inapplicable to him because he was not acquitted on technical grounds. There is no delay in approaching this Court. He preferred CWP No.25420 of 2019 which was withdrawn on 3/12/2025 with liberty to file afresh with better particulars. CWP No.25420 of 2019 was filed without assailing order impugned herein, thus, aforesaid writ petition was withdrawn and present petition has been filed.