SHABIHUL HASNAIN,J. - (1.) HEARD Smt. Manju R. Chauhan, learned counsel for the petitioner and learned standing counsel for the respondents.
(2.) THE petitioner has approached this Court against an order passed by by Superintendent of Police, Mainpuri, opposite party no.6, on 17.12.2007. By this order the petitioner's appointment and selection for the post of Police Constable has been cancelled and further an order has been passed for registering an F.I.R. against the petitioner under relevant sections. The factual matrix of the case is that the petitioner had applied for appointment on the post of Police Constable in pursuance of the advertisement and after undergoing the measurement, physical test, routine test and interview, the petitioner was declared selected by the constituted Board. Thereafter, the medical examination was conducted by the Medical Board at Reserve Police Lines, Fatehgarh and the petitioner was found medically and physically fit. The petitioner after being selected by the Selection Committee/Board was sent for training on 29.6.2005. After completing the training the petitioner was posted on permanent post of constable at Police Station, Kotwali, Mainpuri on 20.6.2006 and he was working on the said post when the impugned cancellation order was passed.
(3.) A perusal of the impugned order goes to show that at the time of selection the petitioner was required to furnish an affidavit giving the details of his testimonials and the information required as per the advertisement. One of the column in the advertisement required an affidavit to be filed about the pendency of any criminal case against an incumbent. In the present case, the petitioner had filed an affidavit to the effect that at the time of selection no criminal case was pending against him to the best of of his knowledge and belief. As per the normal procedure the selected candidates are sent for training and meanwhile the affidavits are sent for verification. In the present case, during the verification it was found that in fact an F.I.R. was lodged against the petitioner in case Crime No.01/2001, under Sections 147, 323/506 IPC at Police Station Mariyahu, District Jaunpur. The aforesaid F.I.R. was registered against five persons including the petitioner. The said F.I.R. was lodged on the orders of the learned Chief Judicial Magistrate, Jaunpur, on the application under Section 156(3) Cr.P.C., moved 24.12.2000. Further, a trial was conducted by the court of Additional Sessions Judge, Jaunpur being trial no.473 of 2004, which ended in acquittal of the petitioner as well as other five persons. The date of the order is 9.5.2005.;