BISKA ROHIT CHANDRA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition, under Article 226 of the Constitution of India, is filed by the petitioners, wherein, the following prayer is made:

(2.) I have heard the submissions of Sri V.Raghunath, learned counsel for the petitioner, Sri M.V.Rama Rao, learned Special Government Pleader representing the respondents and perused the record.

(3.) Briefly stated, the facts of the case are that the petitioner applied for the post of SCT PC (Civil/AR/Men and Women), pursuant to the notification, dtd. 31/12/2015 issued by the respondent No.2. The petitioner got through the written examination and physical test and he has been provisionally selected for the said post. However, during verification of the antecedents, the petitioner was found involved in a criminal case in Crime No.216 of 2014 registered for the offence under Sec. 160 r/w 34 of IPC of Tukaramgate police station and he was convicted of the said offence and was sentenced to pay fine of Rs.100.00 by the Court concerned. Therefore, the respondent No.2 issued a show cause notice, dtd. 6/5/2017, to the petitioner calling upon to show cause as to why his provisional selection to the post of SCT PC (AR) should not be cancelled as per Rules. The petitioner submitted explanation to the said show cause notice on 10/5/2017 stating that he had no knowledge that he was convicted in the subject criminal case, and as such, he could not state the same in the attestation form and accordingly, requested the respondent No.2 to pardon the mistake committed by him in filling the attestation form. However, the respondents have issued a memorandum in RC.No.71/Recruitment/Genl.1/2007, dtd. 19/8/2017, cancelling the provisional selection of the petitioner on the ground that he has suppressed the fact of his involvement in criminal case in both online application and attestation form. Thereafter, the petitioner made representation on 23/11/2017 requesting the respondents to forgive his mistake, but however, there is no response from the respondents. Aggrieved by the same, the petitioner filed this writ petition with the prayer stated supra.