Indian Kanoon - Search engine for Indian Law

NAVIN CHAWLA, J.

1. This petition has been filed by the petitioner challenging the Memorandum dated 20.12.2019, whereby the respondents have cancelled the Selection Letter issued to the petitioner for the post of Constable (Driver) in Sashastra Seema Bal (hereinafter referred to as „SSB‟), and the Order dated 23.03.2022, whereby the representation of the petitioner was dismissed.

2. In brief, it is the case of the petitioner that the petitioner had applied for the post of Constable (Driver) in SSB pursuant to an Advertisement dated 30.07.2016. The petitioner, in the application form itself, had disclosed the pendency of the criminal case arising out of FIR No. 211/2014 registered at Police Station Kotwali, Sikar, Rajasthan. The petitioner was selected to the said post vide Selection Letter dated 04.07.2018, and was asked to report at the 45th Battalion SSB, Birpur, Bihar for joining. However, on presenting himself, he was not allowed to join the post due to the pendency of the criminal trial.

16. We have considered the submissions made by the learned counsels for the parties.

Analysis and Findings

17. As would be evident from the above, in the Application Form itself, the petitioner in response to a requirement for disclosure regarding criminal proceedings, had truthfully disclosed that there was an FIR bearing No.211/14 registered on 27.04.2014 at Kotwali, Sikar, Rajasthan. Though the Application Form also required him to disclosure the Sections under which the FIR was registered and the status of the case, admittedly, he did not do so. In spite of this lacuna, however, the petitioner was considered for appointment, and vide Selection Letter dated 04.07.2018, was offered the appointment to the post of Constable (Driver). It is only when he reported to the 45th Battalion SSB on 17.08.2018 alongwith Police Verification Certificate, that the Commandant 45th Battalion, SSB, Birpur did not allow him to join the duty. The petitioner was eventually acquitted from the charge vide judgment dated 31.08.2019 passed by the Additional Sessions Judge No.4, Sikar, Rajasthan. In spite of such acquittal, the petitioner was not granted the appointment as the respondents considered the acquittal to be not honourable but to be only on the basis of benefit of doubt being granted to the petitioner.

"3. Further, Sh. Rajesh S/o Mohan Lal was selected provisionally for the post of Constable (Driver) in SSB but not allowed to join the post by the Commandant, 45th Bn, SSB, Birpur as a criminal case was pending against him in Kotwali Sikar, Rajasthan vide FIR No.211/2014 u/s 147,148,149,332,353,333 & 307 of IPC. Later on, he was acquitted by the Hon'ble Upper Session Court of Sikar (Rajasthan) vide judgment dated 31/08/2019 from the charges giving benefit of doubt due to lack of evidence.