- (1.) AT the instance of one Shri Salim Khan, a case was registered against the appellant petitioner at Police Station Govindgarh contemplating the offences punishable under Sections 143, 323 and 341 Indian Penal Code. After regular investigation a police report was filed before the trial court and on basis of that the trial court framed charges against the appellant petitioner for the offences punishable under Sections 143, 308, 323 and 341/34 Indian Penal Code. During the course of trial the appellant petitioner and the complainant party arrived at a compromise, thus, the charges relating to the offences punishable under Sections 143, 323, 341/34 Indian Penal Code were compounded, however, the trial continued for the offence punishable under Section 308 Indian Penal Code, the same being non -compoundable.
(2.) IN pursuant to an advertisement issued by Jodhpur Vidhyut Vitaran Nigam Limited, Jodhpur the appellant petitioner applied for consideration of his candidature for appointment as Technical Helper. By a communication dated NIL (Annexure -5) the Jodhpur Vidhyut Vitaran Nigam Limited, Jodhpur advised the appellant petitioner to attend corporate office of the company for verification of the documents. It was also conveyed to him that he stands in provisional merit drawn upto half times of the vacancies on basis of the written examination held on 6.11.2011 and by taking into consideration his educational qualification. The appellant petitioner was also directed to submit an affidavit on non -judicial stamp worth Rs. 10/ - duly attested by Notary Public giving details about the criminal case, if pending against him in any court and further that he has not been convicted for any criminal charge. In pursuant to the condition aforesaid the appellant petitioner submitted an affidavit stating therein
(3.) BY an order dated 2.7.2012 the Secretary (Administration), Jodhpur Vidhyut Vitaran Nigam Limited, Jodhpur, appointed the appellant petitioner on the post of "Technical Helper" as Probationer Trainee and posted him in the office of the Superintending Engineer (O and M), Jodhpur Vidhyut Vitaran Nigam Limited, Jalore. In pursuance to the order aforesaid the appellant petitioner joined services and while working as such he received a notice dated 11.3.2014 to show cause as to why disciplinary action be not taken against him for not disclosing pendency of a criminal case before a competent court for the offences punishable under Sections 323, 341, 325 and 308/34 Indian Penal Code. The appellant petitioner responded to the notice with assertion that by submitting an affidavit he disclosed pendency of the case before the court of learned Additional Sessions Judge, hence no concealment was made by him. It was also made clear by him that the charges pertaining to the offence except Section 308 Indian Penal Code have already been compounded as the parties to the incident have arrived at a compromise. The Jodhpur Vidhyut Vitaran Nigam Limited, by an order dated 7.4.2014 terminated the appellant petitioner from service by observing that he violated condition No. 17 of the order of appointment and he availed service by submitting forged document and concealing the fact. Being aggrieved by the order dated 7.4.2014 and its compliance order dated 7.5.2014, the appellant petitioner approached this Court by way of filing a petition for writ, that came to be dismissed on 10.7.2014, hence this appeal before us. Learned Single Bench held that though the petitioner disclosed pendency of a criminal case against him for the offences punishable under Sections 143, 323 and 341 Indian Penal Code, but did not disclose pendency of trial for the offence punishable under Section 308 Indian Penal Code, therefore, he misled the employer by concealing a fact. Learned Single Bench observed that "the conduct of the petitioner for not furnishing the material information in the application form itself amounts to misconduct of moral turpitude, therefore, it is held that no illegality has been committed by the respondents while terminating the services of the petitioner because he is guilty of committing concealment of material fact for obtaining appointment on the post of Technical Helper".;