B.S. Chauhan, J. - (1.) The instant writ petition has been filed challenging the order dated 31-3-1998, contained in Annexure-3 to the petition, by which the respondent-Authority refused to offer appointment to the petitioner on the post of Police Constable.
(2.) Petitioner had not been offered appointment on the post of Police Constable in spite of his selection, only on the ground that on verification made by the respondent-Authority through the Local Administration, it has been revealed that petitioner had been subjected to criminal trial before applying for the employment in response to the advertisement for the posts and this factum was not disclosed by the petitioner while applying for employment. The submissions made by the learned counsel for the petitioner that the petitioner had been acquitted in the criminal trial is of no consequence and not worth considering, particularly in view of the fact that the petitioner had not been found non-suited for employment on the ground of his involvement in criminal cases, rather he had been found guilty of suppressing the material fact while filling up the application form for the said posts.
(3.) In the application form, which the petitioner had filled up, there was a specific column, i.e. Column No. 17 wherein the petitioner was asked to furnish certain information : Whether the applicant had ever been subjected to criminal case and if "Yes" with what result; or whether any criminal case was pending against him? The petitioner had suppressed this fact and answered in negative while filling up the said column. On verification from the Local Administration when the respondent-Authority came to know that the petitioner had suppressed the material fact of having been involved in a criminal case, the impugned order was passed. Therefore, the submission made by the learned counsel for the petitioner that the petitioner's involvement in criminal cases, particularly after acquittal cannot be taken into account, is not worth consideration. Petitioner has not disputed the factum of his involvement in a criminal case nor he has denied the factum of suppression of material information/or making misrepresentation on this issue, while filling up the application form. Thus, it is admitted fact that petitioner tried to obtain the employment by making false-statement/misrepresentation, which tantamounts to fraud.;