AMRIT LAL MEENA Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner is aggrieved by the order of dismissal dated 22.6.2005 and the order dated 7.12.2005 passed in the appeal. It is submitted that petitioner was appointed on the post of Constable (GD) on 29.5.2003. After appointment, petitioner's case was sent to the District Magistrate, Karauli for verification of his character and antecedents before his posting on completion of training. It was found that a criminal case bearing No. 388/99 for offence under Sections 147, 148, 149, 323, 324 of the Indian Penal Code (for short the IPC) was registered against the petitioner and therein charge sheet was also filed on 16.11.1999. Thus, case was pending before the competent court. The petitioner suppressed aforesaid information while filling up column No. 12 of the verification roll by mentioning that no criminal case is pending against him. After holding the inquiry and submission of the report thereupon, order of dismissal was passed. The petitioner thereupon preferred an appeal, however, same was also dismissed.

(2.) Learned counsel submits that criminal case was registered at the instance of the villagers having enmity with the petitioner, thus the order of dismissal cannot be said to be proper. The petitioner was not given proper opportunity of hearing and otherwise petitioner did not deliberately suppress fact regarding pendency of the criminal case. Thus, for all the aforesaid reasons, order of dismissal so as the order passed on appeal deserve to be quashed and set aside.

(3.) Learned counsel placed reliance on the judgment of the Hon'ble Apex Court in the case of Commissioner of Police and another vs. Sandeep Kumar, 2011 4 SCC 644.