LAWS(RAJ)-2018-3-183

RAMESH BISHNOI Vs. UNION OF INDIA AND ORS.

Decided On March 08, 2018
Ramesh Bishnoi Appellant
V/S
Union of India And Ors. Respondents

JUDGEMENT

(1.) The petitioner by way of filing this writ petition is claiming for the following reliefs :-

(2.) The facts as noticed by this Court are that the petitioner is seeking recruitment on the post of Sub-Inspector in Central Industrial Security Force (CISF) in pursuance of advertisement dated 28.3.2015 issued by the Staff Selection Commission. The petitioner passed written examination and physical endurance test and thus was selected and was offered appointment in Central Industrial Security Force vide offer of appointment dated 15.9.2016. The petitioner submitted the verification certificate signed by the Superintendent of Police, Bikaner, in which, it was categorically mentioned that a chargesheet has been filed against the petitioner on 30.6.2009 in the court of MJM, Kolayat in FIR No.70/2009 for the offence under Sections 354, 447 and 509 IPC pertaining to Police Station, Bajju, District Bikaner and the petitioner has been acquitted from the aforesaid offence on 24.11.2011. Such information was there in the verification certificate dated 30.9.2016. The petitioner was also required to submit Attestation Form, in which, the petitioner clearly mentioned "YES" against the column of information regarding any previous conviction, thus, the petitioner rendered all necessary information regarding criminal case as and when sought by the respondents and did not conceal any material fact.

(3.) Counsel for the petitioner categorically pointed out that the petitioner's date of birth is 05.9.1991 and charge-sheet of criminal case was filed on 30.6.2009 when the petitioner was minor. Counsel for the petitioner further pointed out that the allegation against the petitioner was that he teased a girl and was harassing her for many days and even went to the extent of catching hold of her hand. Counsel for the petitioner stated that the girl and her parents did not depose against the petitioner, hence, order of acquittal dated 24.11.2011 was passed. Counsel for the petitioner argued that the respondents without taking into consideration the facts relating to acquittal and also there being no concealment on the part of petitioner, cancelled his offer of appointment of vide order dated 06.2017, thus, the petitioner having left with no option preferred writ petition before this Court against cancellation of offer of appointment, being S.B. Civil Writ Petition No.7522/2017, wherein following order was passed by this Court on 06.12.2017; operative portion reads as follows :-