YOGENDRA KUMAR SHARMA Vs. STATE

JUDGEMENT

(1.) :- This writ petition has been filed by the petitioner with the prayer that the respondents be directed to consider the case of the petitioner for appointment on the post of Constable with all the consequential benefits.

(2.) Shri Dharamveer Tholia, learned counsel for the petitioner has argued that the respondents advertised 69 posts of Constable in Dholpur District. Petitioner has also applied in response thereto. He appeared in interview test on 8.9.1996 and physical test which was conducted from 23rd to 26th Oct., 1996. Result of the selection test was declared on 26.10.1996. Petitioner was subjected to medical examination conducted on 7.11.1996 at Police Line, Dholpur and he was declared successful. In the verification that was conducted by the respondents, although the character of the petitioner was recorded as good but it was noted that a challan was filed against him in FIR No.221/1995 at Police Station Sirmathura for the offences under Sec. 147, 323 and 379 Indian Penal Code in the Court of Civil Judge (Senior Division) and Additional Chief Judicial Magistrate, Bari, in which case the petitioner was ultimately acquitted by order of that Court dated 15.11.1996. Certified copy of the order has been placed on record.

(3.) Learned counsel submitted that the petitioner was not charged of any offence involving moral turpitude and in any case he was falsely implicated in the matter and so he was acquitted by the learned trial court, therefore, for this solitary reason, the petitioner could not be deprived of his right to appointment for which he was otherwise qualified.