Sudhir Agarwal, J. - (1.) This special appeal has been filed against the judgment dated 16.2.2005 dismissing appellant's writ petition No. 5718 of 2005.
(2.) In pursuance to the advertisement dated for the post of constable in C.R.P.F. the appellant was selected and appointed by order dated 19.4.2001. Thereafter he was required to fill in a verification form which he submitted on 13.6.2001. In para- 12-A of the said form the following information was required to be furnished: Have you ever been arrested, prosecuted, kept under detention or bound down/fined, convicted by a court of law for any offence or debarred/ disqualified by any Public Service Commission from appearing at its examination/selection, or debarred from taking any examination/rusticated by any University or any other education authority/ institution?
(3.) The appellant replied the said column by mentioning "no'. Subsequently vide the District Magistrate, Allahabad letter dated 13.7.2004, it came to the notice of the respondents that the appellant was involved and prosecuted in a criminal case. F.I.R. was lodged against the appellant on 10.2.1994 and registered as case Crime No. 33 of 1994 under Section 366, 376 I.P.C.. Police after making investigation submitted a chargesheet. The appellant was prosecuted in Crime Case No. 260 of 1999 in the Juvenile Court, Allahabad. The case was registered by the Court on 10.10.1998. At the time when the selection and appointment was made, criminal prosecution was going on. It appears that the witness Km. Sheela deposed her statement on 8.11.2002 wherein she retracted from her earlier statement and denied that the appellant committed any rape on her. Ultimately the appellant was acquitted in the aforesaid case by the Court of A.C.J.M vide order dated 11.10.2002.;