RAJESH KUMAR Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) BY way of the instant writ petition, the petitioner seeks a direction to the respondents to appoint the petitioner on the post of Constable (General) in pursuance of the advertisement dated 14.10.2010 and to grant him all consequential benefits.

(2.) FACTS in brief are that an advertisement Annexure -1 came to be issued by the Director General of Police inviting applications from eligible candidates to be appointed as Constable General. The petitioner applied in the District Sri Ganganagar in pursuance of the said advertisement for appointment as a Constable (General). The application was having a column No. 13(Ka) wherein the applicant was required to mention as to whether a challan had been filed against him in any court in any criminal case. Two options were provided in front the column either of acceptance or of refusal. The petitioner ticked the column of refusal and submitted the form. The verification roll which is to be filled in after the candidates clear the written examination requires a more detailed input. The column No. 8 of the roll requires information to be filled in as to whether the candidate has ever been implicated as an accused in criminal case. The petitioner cleared the written examination and submitted the verification roll mentioning that a criminal case No. 417/2005 was pending against him for the offences under Sections 323/34, 324/34, 504 and 342 I.P.C. It appears that the petitioner's candidature was held back on the ground of this criminal case and the matter has been referred to the police headquarter by communication Annexure -7 dated 27.8.2012.

(3.) PER contra Mr. Anil Bissa, learned A.G.C. vehemently opposed the submissions advanced by the petitioner's counsel. He submits that the controversy involved in the case at hand is squarely covered by the order dated 28.04.2014 passed in the case of Jagroopa Ram v. State of Rajasthan & Ors. (S.B. Civil Writ Petition No. 10976/2012). He contends that as the petitioner concealed the fact of pendency of criminal case in the application form, he is not entitled to be appointed as a police constable. However, he frankly concedes that in the column No. 13(Ka) of the application form which an applicant candidate is required to fill at the time of applying for appointment, the only information which is sought is as to whether a challan has been filed against the candidate or not. He does not dispute that no charge sheet was filed against the petitioner in the criminal case referred to in the verification roll but rather the investigation resulted into a negative final report as is mentioned in the communication Annexure -7 dated 27.8.2012 by which the petitioner's case was forwarded to the police headquarters.