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2021 Supreme(Chh) 265

SANJAY K.AGRAWAL
Kailash Kumar Sinha, S/o Manbodh Ram – Appellant
Versus
State of Chhattisgarh, through the Secretary, Home Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr.A.K.Prasad, Advocate
For the Respondent:Mr.Sunil Otwani, Additional Advocate General with Mr.Sanjay Pathak, Panel Lawyer

ORDER :

1. The petitioner herein calls in question legality, validity and correctness of the order dated 27.5.2011 (Annexure P-12) by which respondent No.2 has held the petitioner to be unsuitable for the post of Constable (Telecommunication).

2. The petitioner applied for the post of Constable (Telecommunication), for which final select list was issued on 12.7.2010 and he was selected also, but in attestation form submitted on 12.8.2010 he disclosed the pendency of Criminal Case No.3/2011 for offences under Sections 294 and 506 read with Section 34 of the IPC pending in the Court of Chief Judicial Magistrate, Dhamtari, therefore, he was not appointed, but later on, he was acquitted on 14.3.2011 (Annexure P7) by the Court of Judicial Magistrate First Class, Dhamtari in Criminal Case No.03/2011. The petitioner made an application/representation for issuance of appointment letter in his favour on 17.3.2011 on the ground of acquittal, which was considered by the appointing authority and by the impugned order dated 27.5.2011 (Annexure P12), it has been held that though the petitioner has been acquitted from criminal case, but considering his antecedents and character, he is unsuitable/un

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