ZUHARUDDIN KHAN Vs. JODHPUR VIDHYUT VITRAN NIGAM LIMITED

JUDGEMENT

(1.) In this writ petition filed by the petitioner, he has challenged the orders dated 7.4.2014 (Annex.1) and dated 7.5.2014 (Annex.2) and prayed that both the orders may be quashed and the respondents may be directed to reinstate the petitioner in service with all consequential benefits.

(2.) As per the facts of the case, a criminal case was registered against the petitioner at Police Station, Govind Garh, District Alwar in which after investigation, challan was filed but a compromise was arrived in between the complainant and petitioner for the offences under sections 323, 341 & 325 IPC but for the offence under section 308 IPC, the trial court commenced the trial.

(3.) An advertisement was issued by the respondent Jodhpur Vidhyut Vitran Nigam Limited for appointment on the post of Technical Helper and in pursuance of that advertisement, the petitioner was selected for the post of Technical Helper and as a consequence of selection, he was appointed vide order No.173/36, the appointment was made in favour of the petitioner on 2.7.2012. The petitioner was given posting in the office of Sub Division Assistant Engineer, Jodhpur Discom but upon police verification with regard to character of the petitioner, the Superintendent of Police, Alwar informed vide communication dated 7.5.2013 to the respondent Nigam that in the criminal case registered against the petitioner at Police Station, Govindgarh, District Alwar for the offences u/ss.323, 341, 325 and 308/34 IPC, after investigation, challan was filed in the trial court. Upon receiving such information, the matter was considered by the respondents in the light of information and record. In the documents and information submitted by the petitioner, it is found that although fact of criminal case was disclosed in the affidavit that F.I.R. was filed against him for the offences u/ss.143, 323 and 341 IPC and case is pending in the court of A.D.J., Laxmangarh but it is nowhere disclosed that the challan was filed under Section 308 IPC. More so, a specific statement was made in the affidavit that for the offences, compromise has already been arrived at between the parties.