Vijay Paras vs The State Of Madhya Pradesh
2021 Latest Caselaw 4045 MP

1 WA.249.2021

The High Court of Madhya Pradesh Writ Appeal 249.2021 [Vijay Paras Vs. State of M.P. & Others] Gwalior dated 06.08.2021

Shri Prashant Sharma, learned counsel for appellant.

Shri M.P.S.Raghuvanshi, learned Additional Advocate

General for the State.

Heard through video conferencing.

Present Intra Court Appeal u/S. 2 (1) of Madhya Pradesh

Uchcha Nyayalaya (Khandpeeth Ko Appeal) Adhiniyam, 2005

filed by appellant assails the final order dated 16/2/2021 in

W.P.22031/2019 passed by learned Single Judge exercising writ

jurisdiction u/Art. 226 of the Constitution dismissing the

petition in question by which challenge was made to an order

dated 28/9/2019 declaring petitioner/appellant to be unfit for

appointment to the post of Constable GD for which

petitioner/appellant had been selected.

Declaration of petitioner-appellant as unfit to the said post

was owing to petitioner being involved in criminal prosecution

which fact was though disclosed by petitioner in his verification

form but the employer did not find the acquittal dated 7/6/2019

of the criminal charge to be clean and honourable.

From perusal of the judgment of acquittal and also the

deposition of six eye-witnesses annexed herewith, it appears that 2 WA.249.2021

none supported the prosecution story which was followed by

declaring all the six PWs to be hostile to the prosecution and

leading question was asked by Public Prosecutor but the stand

taken in the examination-in-chief by these 6 prosecution

witnesses could not be disturbed in their cross-examination.

Accordingly, the matter deserves hearing on the question

as to whether the finding of employer that judgment was not

honourable and clean is perverse or not ?.

Let notice be issued to the other side on payment of

process-fee within next 15 working days, returnable within four

weeks.

(Sheel Nagu) (Satyendra Kumar Singh) Judge Judge Digitally signed by DHANANJAY

DHANAN BUCHAKE DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF

JAY MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=6489e9ca230b3031a4b44a

BUCHAKE 621934281f589875c02fb2a20e4220 aebc8a3ba7ec, cn=DHANANJAY BUCHAKE

(Bu) Date: 2021.08.07 11:35:25 +05'30'