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2005 Supreme(All) 925

TARUN AGARWALA
Ravindra Kumar, Pardesi Prasad – Appellant
Versus
State of U. P. – Respondent


Advocates:
A.B.SINGH,

TARUN AGARAWALA, J.

( 1 ) HEARD learned counsel for the petitioner and the learned standing counsel representing the respondents.

( 2 ) IT transpires that the petitioner applied for appointment on the post of Constable and was recruited on 3. 3. 2004. After his recruitment the petitioner filed an affidavit dated 30. 10. 2004 intimating the authorities that he had been acquitted in a criminal case on 13. 9. 2004. Based on the affidavit filed by the petitioner, the respondents issued an order dated 12. 4. 2005 cancelling his appointment on the post of Constable on the ground that he had furnished false information. Consequently, the present writ petition has been filed.

( 3 ) THE learned counsel for the petitioner submitted that there was no deliberate concealment on the part of the petitioner in suppressing the fact about his involvement in a criminal case. He further submitted that the petitioner has now been acquitted and therefore, there was no wilful concealment on the part of the petitioner. The fact remains that at the time of the recruitment, when the petitioner was required to furnish the information he did not indicate that he was involved in a criminal case. Consequently,











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