KAILASH CHANDRA SIRVI Vs. STATE OF M.P.
LAWS(MPH)-2016-8-251
HIGH COURT OF MADHYA PRADESH
Decided on August 24,2016

Kailash Chandra Sirvi Appellant
VERSUS
STATE OF M.P. Respondents


Referred Judgements :-

JOGINDER SINGH V. UNION TERRITORY OF CHANDIGARH [REFERRED TO]
MANNI LAL VS. PARMAI LAL [REFERRED TO]
DILIP KUMAR SHARMA VS. STATE OF MADHYA PRADESH [REFERRED TO]
PAWAN KUMAR VS. STATE OF HARYANA [REFERRED TO]
STATE OF WEST BENGAL VS. NAZRUL ISLAM [REFERRED TO]
PANNA MEHTA VS. STATE OF M P [REFERRED TO]


JUDGEMENT

S.C.SHARMA,J. - (1.)Shri L.C. Patne, learned counsel for the petitioner. Shri Sanjay Karanjwala, learned counsel for the respondent/State. The petitioner before this Court is aggrieved by order dated 23/03/2015 passed by Deputy Inspector General of Police (Security), Madhya Pradesh, Bhopal by which the petitioner has been disqualified from holding the post of Sub Inspector on the ground that the petitioner was subjected to a criminal case even though he has been acquitted by judgment of acquittal dated 08/06/2012.
(2.)The contention of learned counsel for the petitioner is that the petitioner was serving on the post of Constable in the police department of State of Madhya Pradesh since 03/08/2007. It has been further stated that an advertisement was issued inviting application for the post of Sub Inspector and the petitioner has participated in the Sub Inspector Examination 2013. At the time the petitioner has submitted his application form, he has disclosed the factum of registration of FIR in which he was involved i.e. FIR No. 353/2009 and finally a criminal case was registered against the petitioner i.e. Criminal Case No. 790/2009 for an offence under Section 498A of the Indian Penal Code and the petitioner was acquitted vide judgment of acquittal dated 08/06/2012.
(3.)The petitioner has further stated that he was permitted to participate in the process of selection and the result was declared on 17/12/2014. To the utter surprise of the petitioner, a letter was issued by the respondents on 11/03/2015 wherein the petitioner was informed that he is required to be present on 17/03/2015 before the Screening Committee for character verification.


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