Madhya Pradesh High Court
The State Of Madhya Pradesh vs Rakesh Solanki on 14 January, 2016
W. A. No.53/2015
14.01.2016
Shri P. Bhargava, learned Dy. A. G. for the appellants.
Heard on the question of admission.
By orders dated 12.11.2013 and 13.11.2013, the
appointment of the respondent on the post of Constable
General Duty has been set aside on the ground that case was registered against him for an offence punishable under Section 307 of the IPC.
Learned Writ Court considering the law laid down in he case of Rakesh Sharma vs. State of Madhya Pradesh & 5 others (W. P. No.9913/2012) and the judgment of the Apex Court in the case of Commissioner of Police, New Delhi vs. Mehar Singh in Civil Appeal No.4842/2013 decided on 02.07.2013 came to the conclusion that it is not a case of suppression of any fact and giving false declaration whereas, as per Clause 54 of the Police Regulation provides that even if during service, police personnel has been convicted, after completion of his jail sentence, he can be reinstated with the approval of Inspector General of Police. He has drawn our attention to Clause 53 (c) of the said Regulation (Annexure-R/
3) and submitted that the aforesaid clause has not been considered by the Writ Court while allowing the writ petition.
During the course of arguments, it has been fairly submitted that in identical matter, the writ appeal has been dismissed and the view taken has been upheld by the Coordinate Bench of this Court.
Considering the aforesaid and the facts and circumstances of the case, it is not a case of false declaration and suppression of any fact about the registration of FIR when the respondent was in service. Learned Writ Court has not committed any legal error in setting aside the appointment of the respondent on the post of Constable. No case to interfere with the impugned orders, as prayed is made out. The writ appeal has no merit and is accordingly, dismissed.
(P. K. Jaiswal) (Smt. S. R. Waghmare)
Judge Judge
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