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2023 Supreme(Raj) 576

ANOOP KUMAR DHAND
Rohitashwa Kumar S/o Late Shri Kajoda Ram – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Mahendra Shah, Sr. Counsel with Ms. Pragya Seth, Adv.
For the Respondent: Mr. S. Zakawat Ali, Addl. Govt. Counsel

ORDER :

1. By way of invoking the extra-ordinary jurisdiction of this Court contained under Article 226 of the Constitution of India, the petitioner has approached this Court challenging the validity of the impugned orders dated 03.10.2017 and 10.07.2018 by which services of the petitioner have been terminated on the ground of suppression of the material fact regarding his conviction in a criminal case involving offence under Section 326/34, 324/34 and 323/34 of Indian Penal Code (for short, ‘IPC’).

2. The petitioner was working on the post of teacher and a criminal case was registered against him at Police Station Sadar, Jhunjhunu on 23.03.1994 and he was arrested on the same day and he remained in judicial custody for 49 days w.e.f. 23.03.1994 till 10.05.1994 and he concealed this fact from the department and submitted application seeking extraordinary leaves of these 49 days on the ground of illness of his daughter and family circumstances and the same was sanctioned. Thereafter, he faced trial for the offences under section 307/34, 326/34, 324/34 and 323/34 IPC before the Court of Additional Sessions Judge, Jhunjhunu in Sessions Case No. 75/1994 (37/1997) and he was convicted for

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