JUDGMENT

A.S.ANAND, J.

(1) LEAVE granted.

(2) WE have heard learned counsel for the parties.

(3) BRIEF facts which are necessary for deciding this appeal are: that the respondent while seeking post of a Constable during the special recruitment drive is alleged to have concealed from mentioning in the Application Form, against the relevant column, that there was a criminal case pending against him. He had put a cross-mark in the relevant column. The Application Form was submitted by him on 21/27/8/1995. He was provisionally selected after passing the written test, physical endurance test and was interviewed, pending verification of his characteR.However, before any order of appointment could be issued in his favour, he, realising the mistake, wrote letter to the Deputy Commissioner of Police on 15/11/1995 in which he, inter alia, stated:

"I am to state that I have appeared in the special recruitment held at Moradabad, U.P. on 21/8/1995 against Roll No. 1457 and declared successful. I have also gone through the medical examination and declared fit for the post of Constable (Exe.). I have to point out here that at the time of submission of Applic