Umesh Prasad Mahto vs The State Of Jharkhand & Ors
2021 Latest Caselaw 2025 Jhar

                      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                                W.P.(S). No. 591 of 2021
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                    Umesh Prasad Mahto                                      .........             Petitioner
                                                            Versus
                    The State of Jharkhand & Ors.                           ..........            Respondents.
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                    CORAM:             THE HON'BLE MR. JUSTICE DR. S.N.PATHAK
                                       (Through: Video Conferencing)
                    For the Petitioner          :      Mr. A.K. Sahani, Advocate
                    For the Respondents         :      Mr. Suresh Kumar, SC (L&C)-II
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 05/ 23.06.2021           Heard the parties in part.

Mr. A.K. Sahani, learned counsel appearing for the petitioner strenuously urges that case of the petitioner is covered by the celebrated judgment of Hon'ble Apex Court in case of Avtar Singh Vs. Union of India & Ors. [(2016) 8 SCC 471]. Referring to para-30 of the said judgment, learned counsel submits that it is the discretion of the Employer to consider the case of a candidate when there is a clean acquittal and in the instant case, petitioner has been honorably acquitted and as such, the respondents ought to have considered his case. Learned counsel further argues that earlier the matter was remitted back before the respondents to consider the case of the petitioner on the aforesaid ground itself. However, in the impugned order nowhere it has been mentioned that para-30 of the Avtar Singh's case has been considered by the respondents while passing the said order..

On the other hand, Mr. Suresh Kumar, learned counsel appearing for the respondent-State justifies the impugned order and places reliance on the judgment passed in case Anil Bhardwaj Vs. High Court of M.P. & Ors. [2020 SCC Online SC 832]. However, as no counter-affidavit has been filed, learned counsel seeks some time to file the same.

After hearing the counsel for the parties and upon perusal of the impugned order, it appears that the issue is not of the conviction or clean acquittal rather, the same is regarding suppression of material facts, wherein the petitioner has involved himself in suppressio veri or suggestio falsi.

However, since counter-affidavit has not been filed, list this case after two weeks, i.e. on 19.07.2021, to enable the respondents to file counter-affidavit.

(Dr. S.N. Pathak, J.) Kunal/-