VIJAY BHAN SINGH KASANA SRI KEDAR SINGH Vs. STATE OF U P
LAWS(ALL)-2005-2-180
HIGH COURT OF ALLAHABAD
Decided on February 24,2005

VIJAY BHAN SINGH KASANA, SRI KEDAR SINGH Appellant
VERSUS
STATE OF UTTAR PRADESH THROUGH HOME SECRETARY GOVT. OF U.P., THE DY. INSPECTOR Respondents

JUDGEMENT

Ajoy Nath Ray, C.J. and Ashok Bhushan, J. - (1.) This is for admission of Special Appeal from an order of Hon'ble Mr. Justice D.P. Singh dismissing the appellant's writ petition filed in the Court below. The writ petitioner-appellant had been provisionally selected on 7.12.2001 as a constable in the Provincial Armed Constabulary and he had filed an affidavit at that time stating that he was not involved in any criminal case. That affidavit was false he was involved in three eases. After about one and a half years on 5.5.2003 he tendered the second affidavit stating about his involvement in the criminal cases and that he had mistakenly not mentioned it earlier. Within three days of that second affidavit, i.e., on 8.5.2003, the authority pointed out that a police verification had already revealed his involvement in the criminal cases. As such on 20.5.2003 his provisional selection was cancelled.
(2.) The learned Single Judge has written in the judgment that the second declaration of 5.5.2003 was filed only after the police verification had revealed the involvement of the petitioner in three criminal cases.
(3.) There is no ground of appeal in the memorandum submitting that this finding of his Lordship was a finding of fact. It is good that there is no such ground because even the ground were there it would have to be rejected. It is impossible to believe that in three days between 5.5.2003 and 8.5.2003, the police verification had been commenced and concluded and that such commencement had been made only because of the second affidavit filed by the writ petitioner.;


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