Allahabad High Court
Ram Sundar Pal vs State Of U.P. And 3 Others on 19 December, 2022
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 34
Case :- WRIT - A No. - 6576 of 2021
Petitioner :- Ram Sundar Pal
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Ram Krishna Yadav
Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
Heard learned Counsel for the petitioner and learned Standing Counsel.
The present petition has been filed challenging the order dated 02.06.2021 whereby the candidature of the petitioner was rejected on the ground of suppression of material fact relating to a criminal case pending against the petitioner.
The facts in brief are that the petitioner had applied for selection as Constable in terms of Advertisement No.01 of 2015. The petitioner qualified the said examination and passed the physical efficiency test, however, the petitioner was not granted the appointment on the basis of the fact that the petitioner was involved in Case Crime No.564 of 2015, under Sections 147, 452, 323, 504, 506 IPC read with Section 3(1)(X) of SC/ST Act.
The petitioner claims that he did not have knowledge of the said case as the incident was of 16.12.2016 and the petitioner was served with a notice dated 16.03.2016, however, the case of the petitioner was not considered on account of suppression of fact. It is claimed that the petitioner was acquitted on 17.07.2018 in the ST No.236 of 2016 and had brought this fact to the knowledge of the respondent. As the case of the petitioner was not being considered, he preferred a Writ-A No.17523 of 2018 which was disposed off on 18.08.2018 directing the respondents to take a decision in the light of the judgment of Hon'ble Supreme Court in the case of Avtar Singh vs. Union of India and others; 2016 (8) SCC 471, however, the representation of the petitioner was rejected on 25.02.2021. The petitioner once again preferred a Writ-A No.4831 of 2021 challenging the order dated 25.02.2021 which was disposed off vide order dated 24.03.2021 directing the respondents once again to consider the case of the petitioner in the light of the judgment rendered in the case of Avtar Singh's case (Supra). In response to the said judgment, the present order impugned has been passed on 02.06.2021 rejecting the claim of the petitioner solely on the ground that the petitioner has not disclosed the pendency of criminal case while filing the affidavit.
The contention of the Counsel for the petition is that mere suppression of the fact would not disqualify the petitioner from service as has been law laid down by Hon'ble Supreme Court in the case of Pawan Kumar vs Union of India; 2022 LiveLaw (SC) 441 and the respondents are bound to consider the relevant facts including the effect of suppression on the services as sought by the incumbent, as such, the order impugned in view of the law laid down in the case of Pawan Kumar (Supra), I do not find that the order impugned is unsustainable.
Accordingly, the order impugned dated 02.06.2021 is set aside with directions to the respondents to pass fresh orders in the light of the judgment of Pawan Kumar's Case (Supra).
While passing the fresh order, the respondent shall categorically consider the effect that the petitioner has been acquitted and the effect of the said case.
The respondent no.4 shall pass the order within a period of three months from the date of production of certified copy of this order.
In view of above terms, the writ petition is allowed.
Order Date :- 19.12.2022
akverma
