In this writ petition filed by the petitioner, he has challenged the orders dated 7.4.2014 (Annex.1) and dt.7.5.2014 (Annex.2) and prayed that both the orders may be quashed and the respondents may be directed to reinstate the petitioner in service with all consequential benefits.

As per the facts of the case, a criminal case was registered against the petitioner at Police Station, Govind Garh, District Alwar in which after investigation, challan was filed but a compromise was arrived in between the complainant and petitioner for the offences under sections 323, 341 & 325 IPC but for the offence u/s.308 IPC, the trial court commenced the trial.

An advertisement was issued by the respondent Jodhpur Vidhyut Vitran Nigam Limited for appointment on the post of Technical Helper and in pursuance of that advertisement, the petitioner was selected for the post of Technical Helpter and as a consequence of selection, he was appointed vide order No.173/36, the appointment was made in favour of the petitioner on 2.7.2012. The petitioner was given posting in the office of Sub Division Assistant Engineer, Jodhpur Discom but upon police verification with regard to character of the petitioner, the Superintendent of Police, Alwar informed vide communication dated 7.5.2013 to the respondent Nigam that in the criminal case registered against the petitioner at Police Station, Govindgarh, District Alwar for the offences u/ss.323, 341, 325 and 308/34 IPC, after investigation, challan was filed in the trial court. Upon receiving such information, the matter was considered by the respondents in the light of information and record. In the documents and information submitted by the petitioner, it is found that although fact of criminal case was disclosed in the affidavit that F.I.R. was filed against him for the offences u/ss.143, 323 and 341 IPC and case is pending in the court of A.D.J., Laxmangarh but it is nowhere disclosed that the challan was filed under Sec.308 IPC. Moreso, a specific statement was made in the affidavit that for the offences, compromise has already been arrived at between the parties.

The respondent Department terminated the service of the petitioner on the ground that he has concealed material fact for obtaining appointment, vide order dated 7.4.2014 and in pursuance of the said termination order, the petitioner was discharged by the Assistant Engineer (O&M), DISCOM Bagara, District Jalore vide order dated 7.5.2014.

Learned counsel for the petitioner submitted that a material information with regard to pendency of criminal case was given by the petitioner by way of filing an affidavit, as such, it cannot be said that any concealment was made by the petitioner with regard to pendency of criminal case, therefore, the order impugned may be quashed. Learned counsel for the petitioner further argued that termination of petitioner's services on the ground of concealment of fact as per Condition No.17 of the appointment order is illegal because it casts a stigma upon him for securing appointment by improper means. The petitioner offered explanation with regard to registration of a criminal case against him and after due application of mind, appointment was given to the petitioner, therefore, order of termination is illegal.

Per contra, learned counsel for the respondents vehemently submits that it is a case of not only concealment of fact but also of misleading the court because in the affidavit filed by the petitioner, information with regard to registration of a case under sections 143, 323 and 341 IPC was furnished, whereas in the writ petition, the petitioner himself stated that the case registered against him, was not only for committing offences under section 323, 341 IPC but for the offence u/s.308 IPC also and filed copy of the ordersheet of the concerned court to prove above fact. This fact itself is sufficient to say that petitioner has tried to satisfy this court that the compromise arrived between the parties for the of