ORDER

A. K. Patnaik, J.—

Leave granted.

2. This is an appeal against the order dated 31.08.2009 of the Division Bench of the Allahabad High Court in Special Appeal No.924 of 2009 dismissing the appeal of the appellant against the order of the learned Single Judge in Writ Petition (C) No.40674 of 2007.

3. The facts very briefly are that pursuant to an advertisement issued by the State Government of U.P. on 19.11.2006, the appellant applied for the post of constable and he submitted an affidavit dated 12.06.2006 to the recruiting authority in the proforma of verification roll. In the affidavit dated 12.06.2006, he made various statements required for the purpose of recruitment and in para 4 of the affidavit he stated that no criminal case was registered against him. He was selected and appointed as a male constable and deputed for training. Thereafter, the Jaswant Nagar Police Station, District Etawah, submitted a report dated 15.01.2007 stating that Criminal Case No.275/2001 under Sections 324/323/504 IPC was registered against the appellant and thereafter the criminal case was disposed of by the Additional Chief Judicial Magistrate, Etawah, on 18.07.2002 and the appellant was acquitted by the Court. Along with this report, a copy of the order dated 18.07.2002 of the Additional Chief Judicial Magistrate was also enclosed. The report dated 15.01.2007 of the Jaswant Nagar Police Station, District Etawah, was sent to the Senior Superintendent of Police, Ghaziabad. By order dated 08.08.2007, the Senior Superintendent of Police, Ghaziabad, cancelled the order of selection of the appellant on the ground that he had submitted an affidavit stating wrong facts and concealing correct facts and his selection was irregular and illegal.

4. Aggrieved, the appellant filed Writ Petition No.40674 of 2007 under Article 226 of the Constitution before the Allahabad High Court but the learned Single Judge dismissed the writ petition by his order dated 30.08.2007. The learned Single Judge held that since the appellant had furnished false information in his affidavit in the proforma verification roll, his case is squarely covered by the judgment rendered by this Court in Kendriya Vidyalaya Sangathan and Others v. Ram Ratan Yadav1 [(2003) 3 SCC 437] and that he was rightly terminated from service without any inquiry. The appellant challenged the order of the learned Single Judge in Special Appeal No.924 of 2009 but the Division Bench of the High Court did not find any merit in the appeal and dismissed the same by the impugned order dated 31.08.2009.

5. Learned counsel for the appellant submitted that the appellant had been acquitted by the order dated 18.07.2002 of the Additional Chief Judicial Magistrate in Criminal Case No.275 of 2001 and for this reason when the appellant furnished the affidavit dated 12.06.2006 in the prescribed verification roll, four years after the order of the acquittal, he did not think it necessary to state in the affidavit about this criminal case. He submitted that in any case, a copy of the order of the Additional Chief Judicial Magistrate in Criminal Case No.275 of 2001 would show that the crime related to a minor incident which took place on 02.12.2000 and as there was no evidence against the appellant, the Additional Chief Judicial Magistrate acquitted the appellant of the charges under Sections 324/34/504 IPC. He submitted that therefore this is not a fit case in which the selection of the appellant should have been cancelled. He cited Commissioner of Police and Others v. Sandeep Kumar2 [2011(3) SCALE 606] in which this Court has taken a view that cancellation of candidature to the post of temporary Head Constable for the suppression and failure to disclose in the verification roll/application about his involvement in an incident resulting in a criminal case under Sections 325/34 of the IPC when the candidate was a young man, was not justified.

6. Learned counsel for the respondents, on the other hand, supported the j