LAWS(RAJ)-1999-8-54

CHHOTU SINGH Vs. STATE OF RAJASTHAN

Decided On August 02, 1999
CHHOTU SINGH Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) THE instant writ petition has been filed challenging the order dated 20.1.90 (Annexure 3) discharging petitioner from service.

(2.) THE facts and circumstances giving rise to this case are that petitioner had applied for the post of Constable in Armed Police in pursuance of an advertisement and he was appointed on a probation for a period of two years vide order dated 9.9.89. While petitioner was undergoing the training in Rajasthan Police Training College, his character was verified and it came to the knowledge of the appointing authority that he had been involved in two criminal cases. Petitioner, when confronted by the authorities for suppressing the material fact, disclosed that a compromise had been arrived at between the parties and, therefore, it could not be held that he was involved in the criminal cases. THE Competent Authority considered the plea taken by petitioner and passed the impugned order. Hence this writ petition.

(3.) IN Andhra State Financial Corporation vs. Gar Re: Rolling Mills (3) and State of Maharastra and others vs. Prabhu, (4), the Hon'ble Apex Court has observed that a writ Court,while exercising its equitable jurisdiction, should not act as to prevent perpetration of a legal fraud as the Courts are obliged to do justice by promotion of good faith. "Equity is, also, known to prevent the law from the crafy evasions and sub-letties invented to evade law."