ASHWANI KUMAR Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The instant writ petition has been filed seeking direction for offering appointment as an Assistant Commandant (Telecom) in the Indo-Tibetan Border Police.

(2.) The fact and circumstances giving rise to this case are that petitioner had applied for the said post in view of the advertisement and his name was included in the select list. However, petitioner had not been offered appointment for the reason that a criminal case had been pending against him and he did not disclose the factum of pendency of the criminal case in the verification Roll. Hence this petition.

(3.) Mr. K.C. Sharma, learned counsel for the petitioner, has submitted that mere pendency of the criminal case does not deprive the petitioner from being appointed on the post in question. On the other hand, Mr. Sanjay Pareek, learned counsel for the respondents has submitted that petitioner has purposely suppressed the material information while getting the Verification Roll filled-up and, thus. not filling up the verification roll itself amounts to moral turpitude and it is not necessary that he had been involved in the criminal case involving moral turpitude, though Mr. Pareek submitted that mere pendency of the criminal case cannot deprive a candidate from being appointed.