IMPORTANT POINT
Acquittal in a criminal case does not confer a right to appointment if candidature was cancelled and recruitment process concluded.

JUDGMENT :

Sujit Narayan Prasad, J.

I.A. No. 1999 of 2024

1. The instant application has been filed for condonation of delay of 44 day in filing the present petition.

2. Heard learned counsel for the appellant.

3. In view of reason assigned in the application, the delay in filing the petition is condoned.

4. Accordingly, I.A. No. 1999 of 2024 stands disposed of.

L.P.A. No. 531 of 2018

5. The instant appeal, under clause 10 of the Letters Patent, is directed against order dated 06.07.2018 passed in W.P. (S) No. 52 of 2018 by learned Single Judge whereby and whereunder the writ petition has been dismissed by declining to pass positive direction in favour of writ petitioner.

6. The brief facts of the case, as per the pleading made in the writ petition, reads as under:

7. On 13.01.2004, an advertisement being Advertisement No. 01 of 2004 was published by the State of Jharkhand inviting application for appointment on the post of non-matric police in the Dhanbad District Police Force. The appellant fulfilling all the eligibility criteria submitted application for appointment on the post of non-matric police in Dhanbad District Police Force. The appellant participated in the process of selection and after selection he was directed to appear physically along with all the original certificates on 25.09.2008. Accordingly, he appeared and submitted his certificates etc.

8. Thereafter vide memo no. 3403 dated 06.11.2008, issued from the office of Superintendent of Police, Dhanbad, the petitioner was informed that in course of verification of home address and character, it was found that the petitioner is named accused in Dhanbad (Dhansar) P.S. Case No. 156 of 2008 and in course of investigation, the case against the petitioner was found to be true. It has been stated that since the petitioner did not inform about the pendency of the criminal case, as such his candidature was cancelled.

9. However, later on, after full-fledged trial, the appellant was acquitted in the said criminal case being Dhanbad (Dhansar) P.S. Case No. 156 of 2008 vide judgment dated 18.09.2017 in S.T. No. 406 of 2011.

10. Pursuant thereto, he submitted representations before the respondents-authorities but it did not evoke any response, as such he filed writ petition being W.P. (S) No. 52 of 2018 which was dismissed by declining to pass positive direction in favour of writ petitioner, against which, the instant intra-court appeal has been filed.

11. It is evident from the factual aspect involved in the present writ petition that in pursuance to advertisement being Advertisement No. 01 of 2004 published by the State of Jharkhand inviting application for appointment on the post of non-matric police in the Dhanbad District Police Force, the petitioner-appellant applied and in course of documents verification, it was found that since he is named in a criminal case, as such his candidature was cancelled.

12. However, in the said criminal case, later on he was acquitted vide judgment dated 18.09.2017 passed in S.T. No. 406 of 2011. Thereafter, he approached this Court by filing writ petition being W.P. (S) No. 52 of 2018 which was dismissed by declining to pass positive direction in favour of writ petitioner, against which, the instant intra-court appeal has been filed.

13. Learned counsel for the appellant has submitted that the very basis of cancellation of his candidature is the pending criminal case, in which, he was subsequently acquitted hence his candidature is fit to be considered for appointment on the post of constable in terms of the advertisement of the year 2004.

14. Learned counsel for the appellant, based upon the aforesaid ground, has submitted that the same since has not been taken into consideration by the learned Single Judge, hence, the present appeal.

15. None is present to represent the respondents-State.

16. However, it appears from the impugned order that before the writ Court ground inter alia has been taken by the State that the offer of appointment was made in the