Madhya Pradesh High Court
Babus Salaam vs The State Of Madhya Pradesh on 23 January, 2023
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 23 rd OF JANUARY, 2023
WRIT PETITION No. 4098 of 2011
BETWEEN:-
BABUS SALAAM S/O LATE MUKHTAR AHMED, AGED
ABOUT 28 YEARS, ANSAR NAGAR GOHALOUR
JABALPUR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI MUKHTAR AHMED - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH TH. CHIEF
SECRETARY MEDICAL / HEALTH EDUCATION
(MADHYA PRADESH)
2. THE DEAN OCCUPATION: GAJRA RAJA CHIKITSA
MAHAVIDYALAYA GAJRA RAJA CHIKITSA
MAHAVIDYALAYA (MADHYA PRADESH)
3. DIRECTOR MEDICAL & HEALTH DEPARTMENT
MEDICAL & HEALTH DEPARTMENT (MADHYA
PRADESH)
4. THE INSPECTOR GENERAL OCCUPATION:
SPECIAL BRANCH (SURAKSHA) SPECIAL BRANCH
(SURAKSHA) (MADHYA PRADESH)
5. SUPERINTENDANT OF POLICE JABALPUR
(MADHYA PRADESH)
.....RESPONDENTS
(STATE BY SMT.SWATI ASEEM GEORGE - PANEL LAWYER)
T h is petition coming on for orders this day, t h e cou rt passed the
following:
ORDER
Learned counsel for the petitioner submits that the petitioner was given Signature Not Verified Signed by: AMIT JAIN Signing time: 1/23/2023 7:27:25 PM 2 appointment as an O.T.Technician vide appointment order dated 15.4.2010 passed by the Dean, Gajra Raja Medical College, Gwalior. The petitioner submitted his joining on 3.5.2010. He was given a verification form vide order dated 24.5.2010. He had filled correct information in the said form informing the authorities about pendency of two criminal cases. Thereafter, on the basis of the police verification, his services were dispensed with vide order dated 11.2.2011.Vide judgment dated 4.1.2020, the petitioner was acquitted in Case No.30182/2006 by the Court of Judicial Magistrate First Class, Jabalpur from the charges under Sections 294, 148, 353, 332/149, 295A of the Indian Penal Code. Similarly, vide judgment dated 6.3.2021, the petitioner was acquitted by the Court of Chief Judicial Magistrate, Surat (Gujarat) in Criminal Case No.6497/2002. Placing reliance on the judgement of Hon'ble the Supreme Court in Avtar Singh versus Union of India & Others (2016) 8 SCC 471, it is submitted by Shri Mukhtar Ahmed that the Supreme Court has laid down detailed guidelines and it is held that if there is no suppression or false mention of the required information then due to truthfulness of the declaration in character verification form regarding pendency of criminal cases trivial in nature, the employer in the facts and circumstances of the case in its discretion, may appoint a candidate subject to decision of the such cases. He further submits that since the petitioner has been acquitted in both the cases and under similar facts and circumstances of the case, the Supreme Court has upheld the judgment of the Rajasthan High Court in Union of India & Others versus Ramesh Bishnoi decided on 29.11.2019 in Civil Appeal No.9109/2019 (arising out of Special Leave Petition (C) No.26395/2018), the authorities are required to bestow fresh consideration in the light of these two above-
Signature Not Verified Signed by: AMIT JAIN Signing time: 1/23/2023 7:27:25 PM 3referred judgments and take back the petitioner in service.
Smt.Swati Aseem George, learned Panel Lawyer for the State opposes the prayer made by Shri Mukhtar Ahmed, learned counsel for the petitioner and places reliance on the judgement of Full Bench of this Hon'ble High Court in Ashutosh Pawar versus High Court of Madhya Pradesh & Others 2018 I.L.R MP 627.
The fact of the matter is that the Supreme Court in Avtar Singh versus Union of India & Others (supra) and Union of India & Others versus Ramesh Bishnoi (supra) has laid down certain guidelines wherein it is provided that unless there is suppression of vital information, the acquittal is to be taken into consideration.
In that view of the matter, this writ petition can be disposed of with a direction to the Dean, Gajra Raja Medical College, Gwalior that in case the petitioner files a fresh representation within fifteen days from today alongwith certified copy of the order being passed today so also the copies of judgments of his acquittal including their translation from Vernacular to English (in case of Gujrat Judgment) then the authorities shall consider the case of the petitioner in the light of Avtar Singh versus Union of India & Others (supra) and Union of India & Others versus Ramesh Bishnoi (supra) and take a decision thereon within a further period of sixty days under communitarian to the petitioner through a speaking order.
With aforesaid directions, this writ petition is disposed of.
(VIVEK AGARWAL) JUDGE amit Signature Not Verified Signed by: AMIT JAIN Signing time: 1/23/2023 7:27:25 PM 4 Signature Not Verified Signed by: AMIT JAIN Signing time: 1/23/2023 7:27:25 PM