ASHU VERMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Material facts necessary for the adjudication of this petition are that the State of Himachal Pradesh issued advertisement, which appeared in the daily Edition of "Divya Himachal" on 31.7.2005 whereby applications were invited for filling up 918 posts of constables in 1st India Reserve Battalion and 3rd India Reserve Battalion. Petitioner submitted an application for being considered against 63 posts meant for District Bilaspur. The selection process commenced with effect from 15.9.2005 to 22.9.2005. The process for filling up the posts of Kangra District commenced from 14.10.2005 to 28.10.2005 against 202 posts. Petitioner submitted application for the same. However, he was not found suitable. The State Government permitted to fill up 70 additional posts of constables for 1st India Reserve Battalion for which recruitment process was started in the year 2005. Petitioner being in the waiting list was selected against the additional post distributed to Bilaspur District out of 70 posts. He joined his duties on 4.4.2006. A show cause notice was issued to the petitioner on 23.2.2007 for not disclosing the fact that he had already appeared in Kangra District. He filed reply to the same. The Commandant, 1st India Reserve Battalion Bangarh terminated the petitioner from Police Department vide office order dated 5.3.2007.

(2.) Mr. Dilip Sharma has vehemently argued that issuance of order dated 5.3.2007 is against the law. He then argued that his client has neither misled nor concealed material facts at the time of making declaration. He then elaborated his submission that as per advertisement there were no restrictions that the candidate could apply only in one District. He lastly contended that there is violation of the principles of natural justice.

(3.) Mr. R.K. Sharma learned Senior Additional Advocate General has strenuously argued that the petitioner had appeared in District Bilaspur in the selection process which has commenced with effect from 15.9.2005 to 22.9.2005 and has given undertaking that he has not appeared in the recruitment for the post of constable except District Bilaspur and thereafter again he has filled in another form to be considered for the post of constable in District Kangra wherein he has given declaration that he has not appeared for recruitment for the post of constable in any other District. He lastly contended that the petitioner has also given affidavit sworn on 21.3.2006 reiterating that he has not appeared in the current recruitment process for the recruitment of police constable of 1st and 3rd India Reserve Battalion in any other District of the Himachal Pradesh in the year 2005. He has supported the issuance of office order dated 5.3.2007.