PRADEEP NANDRAJOG, J. - (1.) RESPONDING to an advertisement to fill up 117 vacancies to the post of Head Constable (Ministerial), petitioner submitted an application and with respect to information vide Sl.No.15 of the application form, which required the petitioner to inform if he had ever been arrested or an FIR had been registered against him or he had been tried for an offence in a court of law or convicted by any court, he filled up ,,N.A. Undisputably, the petitioner was an accused in FIR No.523/1999 under Section 307/34 IPC P.S. Moti Nagar in which he had been acquitted on 21.8.2001.
(2.) IT be noted that the application form was filled up by the petitioner on 9.10.2006 while applying for the post of Head Constable (Ministerial). Having successfully cleared the selection process the petitioner was called upon to fill an attestation form which he did. It be noted that the attestation form had to be filled up in duplicate and the petitioner did so on 11.7.2008. The requirement to fill up two attestation forms was that one was retained in the master file with the department and the other would be sent to the concerned police station within the jurisdiction whereof a candidate would reside. In the attestation form vide Sl.No.13 information required to be supplied was as under:- "13.(a)Have you been arrested/prosecuted kept under detention of bound down/fined, convicted by a court of law for any offence of debarred/disqualified by any public service commission from appearing at its examination selection or debarred from any other educations authority/institution. (b) Whether any F.I.R. was ever registered against you in any Police station? If yes, give complete detail. (c) If any case pending against you in any court of law university or any other education authority/institution at the time of filling up this attestation form (if the answer to (a) and (b) is ,,Yes, full particulars of the case arrest, detention, fine, conviction sentence etc. in the nature of the case pending in the country, university/education authority etc., at the time of filling up this form should be given."
(3.) WE find that in one attestation form pertaining to information sought vide Sl.No.13(a), (b) and (c) the petitioner has written ,,No. In the second attestation form which we incidentally find is in a handwriting different than the first, pertaining to Sl.No.13(a) and 13(c), ,,No has been written and pertaining to 13(b) it is written that the petitioner was an accused for having committed an offence as afore-noted in para 1. It appears that the second attestation form has been changed for the simple reason the handwriting of the first and the second are entirely different. It appears that at the stage when even in the attestation form petitioner gave wrong information, a show cause notice was issued to the petitioner to show cause as to why he has withheld relevant information by informing ,,No against each entry at Sl.No.13(a), (b) and (c), and for which his appointment be not cancelled. This we note was done after police verification revealed petitioner being charged as an accused for having committed an offence punishable under Section 307/34 IPC P.S. Moti Nagar.;