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2022 Supreme(Chh) 62

SANJAY K.AGRAWAL
Subhash Chandra S/o Shri Dilbar – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.Ravindra Sharma, Advocate.
For the Respondents: Mr.Amrito Das, Addl. A.G.

JUDGMENT :

1. Heard Mr.Ravindra Sharma, learned counsel for the petitioner and Mr.Amrito Das, learned Additional Advocate General for the respondents/State on the question of admission.

2. The petitioner participated in recruitment process initiated for the post of Constable (GD & driver) and according to him, he has been selected after passing all tests including medical test, but respondent No.4/Superintendent of Police, Rajnandgaon has declined to issue order of appointment in favour of the petitioner on the ground that criminal case is pending against him.

3. It is admitted position on record that the petitioner has been convicted for offences under Sections 279 & 304A of the Indian Panel Code (hereinafter called as 'IPC') and Section 3/181 of the Motor Vehicles Act, 1988 (hereinafter called as 'Act of 1988') by the Judicial Magistrate First Class, Takhatpur on 08.10.2021 and appeal against that order is pending consideration before the jurisdictional appellate Court and he has made a representation for issuance of appointment order in his favour.

4. Mr.Ravindra Sharma, learned counsel appearing for the petitioner, would submit that though the petitioner has been convicted for the

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