Narayan Shukla, J. - (1.) Heard Mr. Prashant Chandra, learned Senior Counsel, assisted by Sri Vibhanshu Srivastava, learned counsel for the petitioner as well as Mr. U.N. Mishra, learned counsel for the respondent. Service Bench No. - 950 of 2015
(2.) The order dated 15.06.2015 passed by the Principal Secretary, Appointment Department, State of U.P., whereby the petitioner's appointment made on the post of Additional District and Sessions Judge, Lakhimpur Kheri has been declared void ab initio, is under challenge. The petitioner being qualified for appointment in the Higher Judicial Services had submitted an application for direct recruitment to Uttar Pradesh Higher Judicial Services-2012. In the application, certain information was required to be given. In column no.18, the following information was to be indicated: "Did you ever figure as an accused or a complainant in any criminal case If so, give particulars with result. Also enclose certified copies of judgment/order of the Trial/Appellate/Revisional Court, if any, alongwith hard copy of application."
(3.) Against the aforesaid column, the petitioner had written "No". She, having been successful in the examination, succeeded to get an appointment on the post of Additional District and Sessions, Judge. In an inquiry conducted on the basis of a complaint, it was found that with regard to an incident, two cross First Information Reports had been registered. One was registered as case crime no.248/2002 by the petitioner and another was registered as case crime no.248-A/2002 against her. It is not in dispute that in the case crime no.248/202, which was registered on the basis of First Information Report lodged by the petitioner, the parties had entered into compromise and on the basis of said compromise, the criminal proceeding initiated on the basis of said First Information Report was quashed by this Court in exercise of power provided under Section 482 of the Criminal Procedure Code. The case registered as case crime no.248-A/2002 against her was investigated and indisputably the police had submitted final report in the matter but nowhere it has been disclosed that the learned Chief Judicial Magistrate concerned has accepted it, even though lodging the First Information Report against the petitioner, which was registered as case crime no.248-A/2002 is not denied.;