U O I And Ors vs Kamal Singh Meena
2021 Latest Caselaw 6326 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              D.B. Special Appeal Writ No. 990/2016

                                       In

              S.B. Civil Writ Petition No. 10108/2015

1.     Union Of India Through Secretary, Ministry Of Railways,
       Govt. Of India, New Delhi.
2.     Additional    Chief       Security        Commissioner,       Northeast
       Frontier Railway, Maligaon, Guwahati- 781011
3.     Sr. Commanding Officer, 6Th Battalion Railway Protection
       Special Force, New Delhi.
4.     Superintendent Of Police, Alwar.
                                                                 ----Appellants
                                   Versus
Kamal Singh Meena S/o Shri Mam Chand Meena, aged about 30
years, R/o. Village Silpta, P.O. Metalwas, Tehsil Kotkasim, District
Alwar Raj.
                                                                ----Respondent

For Appellant(s) : Mr. Shailesh Prakash Sharma, Advocate For Respondent(s) : Mr. Kawal Singh Loha, Advocate

HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Judgment / Order

10/11/2021

Heard.

This appeal arises out of order dated 29.03.2016 passed by

learned Single Judge by which order dated 19.06.2015 passed by

the appellants in discharging the respondent from service on the

ground of his character and antecedent verification exercise

eliciting information from D.M., Alwar regarding institution of

criminal case, has been set aside.

(2 of 2) [SAW-990/2016]

Learned counsel for the appellant submits that even though

the respondent was acquitted of the charges framed for offences

under Sections 323, 324, 341 and other offences under I.P.C., this

fact was required to disclosed by the respondent in the application

but he suppressed the same and when the respondent was sent to

training after selection, the aforesaid fact came into light and,

therefore, the respondent was discharged from service.

Taking into consideration that even before the respondent

participated in the process of selection, he was acquitted of the

charges, the learned Single Judge has taken a view that the

discharge was not proper in the eyes of law and while arriving at

such decision, learned Single Judge has relied upon decisions of

the Hon'ble Supreme Court in the cases of Commissioner of Police

& Ors. Vs. Sandeep Kumar [(2011) 4 SCC 644], Ram Kumar Vs.

State of Uttar Pradesh & Ors. [(2011) 14 SCC 709], Jainendra

Singh Vs. State of U.P. [(2012) 8 SCC 748] as also the judgment

of this Court in the case of Rai Sahab Vs. State of Rajasthan & Anr.

[2013 (3) WLC (Raj.) 483].

Considering the aforesaid material and the number of

judgments which has been referred to by the learned Single

Judge, we are of the considered opinion that there is no merit in

this appeal.

The appeal is therefore Dismissed.

(VINOD KUMAR BHARWANI),J (MANINDRA MOHAN SHRIVASTAVA),J

Mohita /14

Powered by TCPDF (www.tcpdf.org)