Non-disclosure of a pending criminal case and false declaration in attestation for obtaining employment are fatal to selection and appointment.

( 1 ) BY means of this petition the petitioner has challenged the order-dated 6. 6. 2003 by which the commandant 15 Battalion, P. A. C. Agra, has cancelled the selection of the petitioner. The facts arising out of the present petition are that the Deputy Inspector General of Police (Establishment), U. P. Police Headquarter, Allahabad issued an advertisement inviting applications for recruitment of 2200 male constables for Provincial Armed Constables in the state of U. P. The said advertisement was published in Newspaper amar Ujala on 1. 9. 2001. It has been alleged in the writ petition that as the petitioner was fully qualified and was eligible, in pursuance of the aforesaid advertisement, he appeared in the physical test which was held between 5. 9. 2001 to 1. 10. 2001, and the petitioner was declared qualified. After that a written examination was held on 9. 11. 2001 and the petitioner was declared successful and qualified the test. Subsequently, in the interview the petitioner also participated and the final select list was published in the first week of December 2001 in which the petitioner was also amongst the selected candidates. It. is the case of the petitioner that despite completion of the aforesaid selection process, no appointment letter was issued him. It appears that on the basis of some radiogram and the interim order granted by the Supreme Court in Writ Petition No. 4882 of 2001, the appointments were withheld. Subsequently, in pursuance of the judgment dated 6. 2. 2002 the State Government issued a Government order in the month of April 2003 directing the implementation of the said judgment and granting the appointment though the selection proceedings were completed in 2001. As no appointment order was issued to the petitioner, instead of issuing of the appointment order in favour of the petitioner, an order was passed cancelling the selection of the petitioner by the Commandant 15 Battalion, Agra on 6. 6. 2003. Copy of the said impugned order is annexure 4 to the writ petition.

( 2 ) FROM the perusal of the order it is clear that the order dated 6. 6. 2003 has been passed taking into consideration that the petitioner who has filed an affidavit, has not stated the fact regarding pendency of any criminal proceeding. The challenge of the impugned order, by the petitioner is on the ground that the orders by the authorities concerned have been passed in an arbitrary manner without any notice and opportunity to the petitioner.

( 3 ) THE Standing Counsel was granted time to file counter affidavit and a detailed counter affidavit was tiled and the rejoinder affidavit was exchanged. With the consent of the parties, the writ petition is being disposed of finally.

( 4 ) THE contention of the petitioner is that he was selected in the selection and his name was included in the select list and, therefore, without any opportunity or notice, his selection cannot be cancelled and as the order has been passed without an opportunity to the petitioner therefore, the same is liable to be quashed.

( 5 ) I have heard Sri Ashok Khare, Senior Advocate on behalf of the petitioner and the learned standing Counsel and have perused the record. There is no dispute to this effect that the petitioner was selected in the selection proceedings but at the time of interview, he was to submit an affidavit stating certain facts and has to give certain declarations. In the said affidavit filed on behalf of the petitioner the petitioner has not stated the fact that any criminal case is pending against him. Subsequently, it has been found that a criminal case as Case Crime No. 93 of 1997 under Sections 147/148/132/253 and 506 I. P. C. was pending against the petitioner at station phaphund, district-Auraiya. As the petitioner has not disclosed the aforesaid feet, therefore, the selection of the petitioner has been cancelled. The petitioner submits that the criminal case which was pending against him. He has already been acquitted vid