- (1.) Heard counsel for the appellant and Standing Counsel for the State respondent and perused the record. This Special Appeal is directed against the order dated 16.5.2007 passed by the learned Single Judge in Writ Petition No. 23262 of 2007 (Rashid Khan v. State of U.P.).
(2.) The brief facts of this case are : That the appellant is a Recruit Constable and is under training at Recruit Training Centre (R.T.C.), Reserve Police Lines, Kanpur Nagar. The appellant was duly selected by the Selection Committee from District Mainpuri and recruited on 17.11.2006 and was appointed as a Constable in Police Department. He joined his duty at Reserve Police Lines, Mainpuri on 17.11.2006 and after completing J.T.C. Course, appellant was sent on 11.2.2007 for R.T.C. Course at Recruit Training Centre, Reserve Police Lines, Kanpur Nagar. The appellant is an intermediate and is aged about twenty 'years; That the appellant/petitioner's selection has been cancelled without following the proper procedure which has been prescribed under the law. In the alleged cancellation order passed by the Superintendent of Police, Mainpuri, it is stated that the appellant/petitioner has concealed the material fact and pendency of the criminal cases and as such on the ground of concealment of facts, his selection was cancelled; That the impugned cancellation order has been issued without giving any notice or opportunity of hearing and without calling any explanation etc. from the petitioner;
(3.) The appellant also placed certain relevant facts in his petition : That the appellant/petitioner is a resident of Village Nagla Burjug Police Station Gosaiganj, District Kannauj and due to village party bandi and enmity, the petitioner/appellant has been falsely implicated in seven criminal cases. It is further stated that all the seven cases have been registered behind the back of the appellant/petitioner; That in case crime No. 195-A/02, the appellant was acquitted by the order of the Chief Judicial Magistrate, Kannauj on 14.9.2006; That in case crime No. 374-A of 2000, the petitioner was acquitted by the order of Chief Judicial Magistrate, Kannauj on 11.8.2003; That in case crime No. 244 of 2004, the appellant/petitioner was acquitted by order of Additional Civil Judge (Junior Division)/Judicial Magistrate on 1.4.2005. That in case crime No. 300-A/04 and 301/04, after investigation, it was found that the name of the petitioner was wrongly mentioned in the aforesaid case and in the aforesaid case, the petitioner was not charge-sheeted. In the said case crime number, the petitioner was never arrested by the police nor he was bailed out; That in case crime No. 391 of 2004 under Section 3/5 Goonda Act, which was registered against the petitioner at P.S. Gosaiganj, it is stated that in the said case, the petitioner was never arrested and he was not enlarged on bail. Even the petitioner was not summoned in that case. That in case crime No. 611 of 2006, by the order of S.D.M., Chibramau, the proceedings in the said case crime number has been dropped by their order dated 6.1.2007. That it is further submitted that the petitioner/appellant filed affidavit in third week of November, 2006 in which it was stated that no criminal case is pending against the petitioner. It is further submitted that the column under which the information was sought was vague and under some misunderstanding, the petitioner failed to disclose the above said facts;;