SUDHIR AGARWAL,J. - (1.) HEARD Sri R.K. Ojha, learned counsel for the petitioner and learned Standing Counsel for the respondents.
(2.) SINCE counter and rejoinder affidavits have been exchanged, as requested and agreed by learned counsel for the parties this writ petition has been heard and is being decided finally at this stage under the Rules of the Court. This writ petition is directed against the order dated 06.08.2007 (Annexure-3 to the writ petition) whereby petitioner's selection for the post of Constable (Civil Police) has been cancelled by the Senior Superintendent of Police, Bareilly on the ground that he concealed the factum of registration of two criminal cases against him i.e. N.C.R. No. 33/2005, under Sections 323/504/506 IPC and Case Crime No. 380A/2005, under Sections 107/116 of Cr.P.C. at Police Station Kotwali Dehat, District Sultanpur and, therefore, has violated the condition No. 9 of the enclosure of D.I.G., Establishment, U.P., P.H.Q., Allahabad's letter dated 04.09.2006 and para 15 of his affidavit by concealing correct information hence his selection is being cancelled.
(3.) LEARNED counsel for the petitioner vehemently contended that he had no knowledge about the registration of the above two cases till the date of submission of the application form as well as the date on which he filed affidavit before the authorities concerned while joining training and, therefore, it cannot be said that he concealed any material fact or has given a wrong information. He placed before this Court the averments contained in paras 8, 11(d) and 11(e) of the writ petition and stated that he had no knowledge of the above cases and the reply given by the respondents in counter affidavit as well as the alleged inquiry report, copy whereof has been filed as Annexure-CA-1 to the counter affidavit, to show that nothing has been brought before this Court also by the respondents that the petitioner knew the factum of registration of the above two cases against him.;