RAJ KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the State. There are no disputed facts. The application has to be decided only on questions of law. It is not considered necessary to adjourn the matter for a counter affidavit.

(2.) THE petitioner was an applicant for the post of Sub -Inspector of Police under Advertisement No. 704/2004. On successful competition he was selected and called for medical and character verification on 11/12.2.2009. Column -7 of the character verification form contained a query if he had been an accused in any case and had suffered 2 imprisonment. The petitioner answered "No". On 14.2.2009 he gave an application to the D.I.G. Saran at Chapra that there had been some confusion in his character verification. He had been involved in a land dispute and was sentenced by the Lower Court. He was released by the High Court and the case set aside. He was therefore innocent enclosing copies of the Court order. On 16.2.2009, the D.I.G. forwarded his application to the ADG (Personnel). The ADG (Personnel) on 5.10.2009 held that the character verification revealed he was an accused in Daraundha P.S. Case No. 129/97 under Sections 379, 411 of the Indian Penal Code. Charge sheet No. 116 of 1997 was submitted on 31.10.1997. The character verification column was to be filled by the candidate. Prima facie he appeared to have concealed facts and given wrong information. His candidature was rejected. It may be noticed that the order did not deal with the subsequent events mentioned in a composite manner by the petitioner enclosing copies of the relevant Court orders.

(3.) THE petitioner assailed the order dated 5.10.2009 in C.W.J.C. No. 16574 of 2009. It was set aside by a discussion and the matter remanded to reconsider the candidature. It has been rejected again by order dated 16.9.2010/25.4.2011 and which is presently assailed.