Madhya Pradesh High Court
Deepak Kumar Patel vs The State Of Madhya Pradesh on 15 May, 2024
Author: Pranay Verma
Bench: Pranay Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 15 th OF MAY, 2024
WRIT PETITION No. 7345 of 2022
BETWEEN:-
DEEPAK KUMAR PATEL S/O SHRI HARINARAAN PATEL,
AGED ABOUT 28 YEARS, OCCUPATION: NIL, R/O: C/O.
SHRI NIKHIL MITTAL, 304, QUEENS TOWER
KHANDELWAL NAGAR, NAVLAKHA, INDORE (MADHYA
PRADESH)
.....PETITIONER
(SHRI MANOJ MANAV - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY, VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH)
2. ADDITIONAL DIRECTOR GENERAL OF POLICE,
HOME GUARD, POLICE HEAD QUARTER,
JAHANGIRABAD, BHOPAL (MADHYA PRADESH)
3. ADDITIONAL COMMANDANT GENERAL, HOME
GUARD, HEAD QUARTER, JABALPUR (MADHYA
PRADESH)
4. DIVISIONAL COMMANDANT HOME GUARD,
BHOPAL. (MADHYA PRADESH)
5. DISTRICT COMMANDANT HOME GUARD,
SEHORE, DIST. SEHORE (MADHYA PRADESH)
6. SENIOR STAFF OFFICER, HOME GUARD, CIVIL
SECURITY AND DISASTER MANAGEMENT, HEAD
QUARTER, JABALPUR (MADHYA PRADESH)
.....RESPONDENTS
(SHRI TARUN KUSHWAH - GOVERNMENT ADVOCATE)
This petition coming on for admission this day, th e court passed the
Signature Not Verified
Signed by: ANUSHREE
PANDEY
Signing time: 16-May-24
2:14:14 PM
2
following:
ORDER
The petitioner has filed the present petition under Article 226 of the
Constitution of India challenging the action of the respondents, whereby he has
been denied appointment in Home Guard Services on account of criminal case
registered against him.
02. The petitioner was appointed as a Constable (Sainik) in Home Guard
Department to give services in Simhastha Mahakumbh of 2016. After
completion of Simhastha, 2789 Home Guard / Constables (Sainik) were
discontinued by the State Government with an assurance for appointment on
regular basis. The State Government issued a circular dated 07.04.2018 for re-
appointment of all the Home Guard Constables, who worked during
Simhastha, 2016. Vide circular dated 07.04.2018 for giving appointment to
2790 temporary Home Guards by way of recruitment as a special case, one
time relaxation was given in the Recruitment Rules with three conditions -
firstly, that while serving during the Simhastha period or thereafter, no
punishment and / or penalty was awarded to them; secondly, during Simhastha
period or thereafter, they were not found involved in any criminal case and they
are not declared ineligible as Home Guard due to character verification report;
and thirdly, they were not declared physically unfit after rendering the services
during Simhastha period.
04. Learned counsel appearing for the petitioner submits that as per
circular dated 07.04.2018, the only requirement for recruitment is that a
candidate should not have been involved in the criminal case during or after
the Simhastha period. It is true that a case has been registered against the
petitioner under the provisions of N.D.P.S. Act after the Simhastha Period in
the year 2017, but he has been acquitted vide judgment dated 24.07.2018.
05. The respondents filed reply by submitting that the Police Force is a
disciplinary force, therefore, any person having criminal antecedents cannot be
given any appointment. The Screening Committee, after considering the law laid
down by the Hon'ble Apex Court in the case of Avtar Singh v/s Union of
India & Others reported in (2016) 8 SCC 471 examined the case and did
not find the petitioner fit for appointment.
06. The State Government vide circular dated 07.04.2018 granted one
time relaxation in Recruitment Rules as a special case for 2790 temporary
Swayam Sevi Home Guards Sainik for recruitment in the Services of Home
Guards. The procedure was prescribed and for the purposes of scrutiny Four
Member Committee was constituted. The criteria for selection were prescribed
in order dated 07.04.2018, which is reproduced below: -
"1 संह थ के दौरान उसके ारा पूणका लक प से सेवा दान क गई हो। इस
दौरान अथवा बाद मे उसे कोई िवभागीय दंड/सजा न दी गई हो।
2 संह थ अव ध के दौरान अथवा बाद मे िकसी भी कार के आपरा धक करण मे
सं ल ता रही हो तथा चा रि क प से वंकयसेवी सैिनक के प से सेवा के लए िकसी
कार अपा ता न हई हो।
3 संह थ महाकु भ के लए चयिनत वंभयसेवी सेिनक को सेवामुि के बाद से पुन:
सेवा मे भरती िकए जाने तक क अव ध मे शारी रक प से सेवा के लए अनुपयु ् न हो
गया हो। उपरो िनणय मंि प रषद के आयटम मांक 22 िदनांक 13 माच 2018 के ारा
लया गया है।"
07. The Director General of Home Guards vide order dated 17.04.2018
appointed a Three Members Committee to scrutiny cases of all the (2790)
candidates who performed their duties during Simhastha, 2016.
08. After completion of successful services during Simhastha, 2016, a
certificate was issued to the petitioner and accordingly, his case was considered
along with twenty seven others and the Director General of Home Guards
recommended his case for appointment. Out of twenty seven, most of them
have approached this Court and their writ petitions have been allowed and they
have been given the appointment.
09. As per order dated 07.04.2018, requirement is that there should not
be involvement in the criminal case after the Simhastha period and candidate
should not incur any ineligibility characterwise. The Screening Committee
constituted by the respondents examined the case of all the candidates who
were found involved in the criminal case but acquitted. The said Committee
has not considered the case of petitioner
10. In view of the above, impugned order dated 25.09.2020 is hereby set
aside. The matter is remitted back to the respondents to place the matter before
the Screening Committee. The Committee shall consider the claim of the
petitioner in light of the judgment passed in case of Avtar Singh (supra).
11. With the aforesaid, Writ Petition stands allowed.
(PRANAY VERMA)
JUDGE
Anushree
