Madhya Pradesh High Court
Chandra Bhanu Dawar vs The State Of Madhya Pradesh on 5 July, 2022
Author: Vijay Kumar Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 5th OF JULY, 2022
WRIT PETITION No. 3035 of 2019
Between:-
CHANDRA BHANU DAWAR , AGED ABOUT 26
YEAR S , OCCUPATION: UNEMPLOYED JAMNI
POST DABRI TEHSIL JOBAT (MADHYA
PRADESH)
.....PETITIONER
(SHRI ABHISHEK TUGNAWAT- ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH SECRETARY
MINISTRY OF HOME AFFAIRS VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)
2. DIRECTOR PROFESSIONAL EXAMINATION
B O A R D CHAYAN BHAWAN-CHINAR PARK,
(MADHYA PRADESH)
3. INSPECTOR GENERAL, POLICE HEADQUARTER,
ARERA HILLS, (MADHYA PRADESH)
4. SUPERINTENDENT OF POLICE, POLICE OFFICE
JHABUA (MADHYA PRADESH)
5. ASSTT. POLICE INSPECTOR SPECIAL
PROTECTION BRANCH, POLICE
HEADQUARTER, (MADHYA PRADESH)
.....RESPONDENTS
(SHRI PRADYUMNA KIBE - PANEL LAWYER FOR RESPONDENT
NOS.1,3,4,5)
T h is petition coming on for orders this day, t h e cou rt passed the
following:
Signature Not VerifiedDigitally signed by
SAN
ORDER
SOURABH YADAV
Date: 2022.07.05
17:38:30 IST
With the consent of the parties, the matter is heard finally.
The grievance of the petitioner is that the petitioner is not being given
appointment on the post of Constable (G.D.).
It is submitted that on 08.06.2017, an advertisement was issued by the
respondent no.2 for the post of Police Constable (GD). The petitioner applied
for the said post. He appeared in the written test and he cleared the said
examination. He was called for physical proficiency test on 15.12.2017 at police
training school Moosakhedi, Indore. After passing the written examination and
clearing the physical test, he received the unit allotment letter from respondent
no.2, whereby the petitioner was allotted the post of Constable (GD) and
posting order to unit at Superintendent of Police, Jhabua was given.
It is submitted that thereafter, no appointment order was issued in his
favour. He has submitted a representation before the respondent no.4
Superintendent of Police, Jhabua. The respondents have filed reply and
submitted that the petitioner has not been found eligible because of registration
of criminal case at police station Jobat, Alirajpur. The said communication is
filed as Annexure R/1 dated 02.04.2019 which is a communication by Inspector
General of Police to Superintendent of Police, Jhabua to get file the reply in the
present writ petition stating that the appointment order was not issued to the
petitioner because of the registration of the criminal case. Copy of the said
communication was enclosed with the reply.
Learned counsel for the petitioner submits that in the said criminal case,
the petitioner has been acquitted by the Court of law by judgment dated
29.11.2016 in ST No.49/2015 by Additional District Judge, Jobat District
Signature Not VerifiedDigitally signed by
SAN
Alirajpur. He was charged for the offence under section 147, 436, 427 of the
SOURABH YADAV
Date: 2022.07.05
17:38:30 IST
IPC. He further submits that the petitioner has not been given opportunity to
place the copy of the order of acquittal before the respondent and the
judgments of the courts on which he proposed to rely in support of his claim
for appointment.
Upon hearing learned counsel for the parties and upon perusal of the
record, admittedly there is no decision by the respondents on the representation
of the petitioner.
In view of the aforesaid, I deem it proper to dispose off the petition with
liberty to the petitioner to file fresh representation alongwith the copy of the
order of acquittal by the Court and the judgments on which he proposed to rely
in support of his claim for appointment before the respondent no.4 within the
period of 15 days from today and if such representation is submitted alongwith
necessary record before the respondent no.4, the respondent no.4 shall
consider the representation of the petitioner in accordance with the law within
the period of two months from the date of submission of the representation.
It goes without saying that the respondent no.4 shall pass a reasoned and
speaking order and shall communicate the order to the petitioner.
With the aforesaid, the present petition stands disposed off.
(VIJAY KUMAR SHUKLA)
JUDGE
Sourabh
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN SOURABH YADAV
Date: 2022.07.05
17:38:30 IST
