- (1.) Heard Sri J.P. Tripathi, learned counsel for the petitioner and Dr. Udai Veer Singh, learned Addl. C.S.C. for the State respondents. This Court has passed order dated 5.2.2020 which reads as under : "By means of this petition the petitioner has assailed the order dated 9.8.2019 passed by the Regional Food Controller, Ayodhya Region, Ayodhya declaring the petitioner unfit for the post of Junior Assistant on which he was finally selected. The reasons so indicated in the impugned order is that the petitioner while submitting his information on 6.8.2018 has concealed the fact that one criminal case bearing Crime No. 238/2017 under section 147, 323, 504 and 506 I.P.C. at P.S. Naunhara, District Ghazipur was pending wherein the charge-sheet has been filed against the petitioner on 13.1.2018. The learned counsel for the petitioner has categorically indicated in para 10 of the writ petition that petitioner was absolutely unaware about the aforesaid criminal case and charge-sheet inasmuch as the petitioner could know about the aforesaid fact on the police verification being made against him in the month of March, 2019 and immediately after knowing the aforesaid fact the petitioner intimated the authorities that he has obtained bail in the aforesaid case. Not only the above the petitioner has preferred a letter to the department on 13.5.2019 which has been enclosed with the counter affidavit wherein the petitioner has intimated the fact that he was absolutely unaware about the aforesaid case and since he has been released on bail and the matter is pending before the criminal court, therefore, if the petitioner is held guilty in the aforesaid criminal case his services may be terminated. On that application of the petitioner the appointing authority has preferred a letter dated 13.6.2019 (Annexure no. 7) to the Commissioner, Food and Civil Supplies apprising the fact that as per opinion of D.G.C.(Civil), Ayodhya there is no legal impediment appointing the petitioner on the post in question. However, on the said letter the Additional Commissioner, Food and Civil Supplies has written letter dated 12.7.2019 (Annexure no. 8) to the Regional Food Controller, Ayodhya to take appropriate decision as he is the appointing authority, thereafter the Regional Food Controller has passed the impugned order dated 9.8.2019. In the counter affidavit this fact has not properly been replied as to whether the petitioner was informed about the pending criminal case and the charge-sheet which was filed on 13.1.2018. If the aforesaid fact was not within the knowledge of the petitioner then the premise of the authorities on which the impugned order has been passed would not be said to be correct. Therefore, in view of the above the learned Addl. C.S.C. is directed to obtain the information from the Court concerned wherein the charge-sheet dated 13.1.2018 has been filed against the petitioner regarding the information of the criminal case being given to the petitioner on or before 8.6.2018 when the petitioner has submitted his declaration. The aforesaid exercise shall be carried out within a period of two weeks. List this petition on 24.2.2020 within top 10 cases. Learned counsel for the petitioner may also file the order-sheet of the Court concerned to convince the Court that on or before 8.6.2018 the information of pendency of any criminal case or charge-sheet has not been provided to him. "
(2.) In compliance of the aforesaid order learned counsel for the petitioner has already filed affidavit bringing on record the certified copy of the order-sheet of the learned court-below i.e. A.C.J.M., Ghazipur demonstrating the fact as to when the petitioner could know about the pendency of the criminal case. Learned Addl. C.S.C. has also produced the letter dated 22.2.2020 preferred by the Regional Food Controller, addressing to the C.S.C. of this Court enclosing therewith some relevant correspondences, the same are taken on record. As per aforesaid instructions this much has been indicated that the charge-sheet in the issue in question has been submitted before the Court concerned on 13.1.2018 and the petitioner has filed his declaration before the competent authority on 8.6.2018, before submission of charge-sheet, therefore, the fact was known to the petitioner regarding pendency of criminal case. In the aforesaid instruction it has nowhere been indicated as to how such information was provided to the petitioner.
(3.) The affidavit so filed by Sri Tripathi, learned counsel for the petitioner clearly indicates that the learned court-below has issued notice to the petitioner on 17.10.2018 directing him to appear before the Court concerned on 5.1.2019. Therefore, there is no doubt that the petitioner could know about the pendency of criminal case only after the notice has been issued by the Court concerned on 17.10.2018 for his appearance on 5.1.2019.;