Candidates are obligated to provide true and accurate information regarding their criminal history, and higher standards of character and integrity are required for the police force.

JUDGMENT

Meenakshi I. Mehta, J. - By way of this petition, the petitioner has sought the indulgence of this Court for the issuance of a writ in the nature of certiorari quashing the order dated 30.09.2020 (Annexure P-7) passed by respondent No.4 whereby he has been disqualified for his selection as Constable in Haryana Armed Police (for short, 'HAP').

2. Shorn and short of unnecessary details, the averments as canvassed by the petitioner in the instant petition, are that in pursuance of Advertisement No.8 of 2015 as notified by the Haryana Staff Selection Commission (for short, 'the HSSC') on 19.07.2015 for inviting the online applications for direct recruitment on 5000 posts of Male Constables including 1650 posts allocated to the General Category, he applied for the said post. Prior thereto, he along-with three more persons had been falsely implicated in a criminal case as registered vide FIR No.930 dated 22.12.2013 at Police Station, City, Bhiwani under Sections 323/341/34 IPC. Though he was formally arrested in the said case but was released on bail on the same day and finally, he as well as his co-accused, were acquitted in the afore-mentioned case by learned Chief Judicial Magistrate, Bhiwani, vide the judgment dated 06.01.2015 (Annexure P-1).

3. The petitioner has also averred that in his application form, there was one column seeking the following information:-

"Are you convicted for an offence or charges have been framed involving moral Turpitude or punishable with imprisonment for 3 years or more?"

Keeping in view the fact that he had already been acquitted in the above-said criminal case involving minor offences, he answered the abovesaid query in negative. His physical test was conducted on 13.07.2016 and he cleared the same. Thereafter, he appeared in the written-examination as held on 28.08.2016 and also in the interview-cum-personality test on 17.06.2017. His name appeared at Sr. No.63 in the list of the selected candidates as released on 20.08.2020.

4. The petitioner has, further, averred that on 24.08.2020, he went to join the training at Haryana Police Academy, Madhuban and on the completion of his medical examination on 27.08.2020, he was asked to fill up the Attestation Form. However, while filling up Column No.13 in the said Form, he got confused and construed the same to be the one seeking information regarding any pending criminal case and therefore, he replied the same also in negative therein. He was allocated to 2nd Battalion of HAP and was to be allotted Regimental Number so as to undergo the training at the said Academy but after his character verification, the Superintendent of Police, Bhiwani, wrote a letter dated 01.09.2020 (Annexure P-6) to the Commander of the Academy (respondent No.4) reporting therein about the entire details of the afore-said criminal case as was registered against him (petitioner). Then, respondent No.4 sought the opinion of the Assistant District Attorney in respect of the said report and thereafter, the impugned order Annexure P-7 was passed disqualifying him for being considered for the allotment of the Regimental Number without affording him (petitioner) any opportunity of being personally heard in this regard and also without taking the factum of his acquittal in the above-said case into consideration as well as appreciating the fact that he had studied in the schools in the rural areas throughout and could not properly understand the intent of the queries posed in Column No.13 of the said Attestation Form.

5. In their written-statement, the respondents have contested the claim of the petitioner, inter-alia, on the ground of concealment of the true and material information by him from the competent authority while filling up the Attestation-cum-Verification Form Annexure P-5 by answering the queries, as put-forth in Column No.13 therein regarding his having ever been arrested or prosecuted, in negative which attracts the provisions as contained in Rule 12.18 (2) of the Punja