Point of Law: Mere suppression of material/false information in a given case does not mean that the employer can arbitrarily discharge/terminate the employee from service.

JUDGMENT :

1. Heard Mrs. Kamla Singh, learned counsel for the petitioner and Mr. Pranav Ojha, learned Additional Chief Standing Counsel for the State-respondents.

2. By means of the present writ petition, the petitioner has questioned the order dated 13th December, 2018 (Annexure No. 19 to the writ petition) passed by the Superintendent of Police, Chandauli i.e. respondent no.4. Further, the petitioner has prayed for a direction upon respondent no.4 to send the petitioner on training immediately for the post of Police Constable pursuant to his final selection.

3. It is the case of the petitioner that pursuant to the advertisement No. PRPB-8(82) dated 29th December, 2015, which was issued by the Uttar Pradesh Police Recruitment and Promotion Board, Lucknow for "Direct Recruitment Constable (Civil Police) & Constable (PAC)(Male)-2015, petitioner applied for the post of Constable (Civil Police) under Other Backward Class Category i.e. non-creamy layer category, after completing requisite formalities, through online. After evaluation of the high school and intermediate results of the petitioner, he was called for physical efficiency test, which was held on 3rd May, 2016. In the said physical efficiency test, the petitioner was declared successful and he was called for verification of his documents. The petitioner appeared before the authority concerned for the said verification. A select list was declared by the Uttar Pradesh Police Recruitment and Promotion Board, Lucknow on 15th May, 2019. Thereafter the petitioner was called by respondent no.4 on 9th June, 2018 to appear in the medical examination at Chandauli, which was held on 14th June, 2018. The petitioner appeared in the said medical examination and was declared successful. On 9th July, 2018, a final select list was uploaded on the official website of the Uttar Pradesh Police Recruitment and Promotion Board, Lucknow in which the name of the petitioner has been placed at serial no. 14753. For the purposes of character verification, the petitioner was required to furnish an affidavit on the prescribed form, which was duly submitted by him before respondent no.4 on 11th June, 2018.

4. Learned counsel for the petitioner submits that as the petitioner was not offered appointment letter for sending him on training at Azamgarh, which was allotted, pursuant to the final select list dated 9th July, 2018, he made a representation before respondent no.4 on 27th July, 2018. Thereafter the petitioner was informed that as two criminal cases i.e. Crime No. 111 of 2017 and Crime No. 44 of 2018, were pending against him, therefore, his claim for issuing him appointment letter on the said post cannot be considered. In the applications filed by the petitioner under Section 482 Cr.P.C., two different Coordinate Benches of this Court, on the basis of compromise, have quashed the entire proceedings of aforesaid two criminal cases vide orders dated 13th and 18th September, 2018, copies of which have been enclosed as Annexure No. 13 and 14 to the present writ petition. As entire proceedings of both the aforesaid criminal cases have been quashed, the petitioner made another representation dated 26th September, 2018 before respondent no.4 along with copies of both the aforesaid orders. On the said representation, respondent no.4 wrote a letter to the Superintendent of Police, Azamgarh i.e. respondent no. 5 to take further action in the matter. However, neither respondent no.4 nor respondent no.5 had taken any decision on the representation of the petitioner dated 26th September, 2018, due to which the petitioner filed Writ-A No. 24703 of 2018 (Balwant Singh Yadav Vs. Sate of U.P. & Others). The said writ petition was finally disposed of by a Writ Court vide order dated 22nd November, 2018 requiring the petitioner to make a fresh representation before respondent no.4, who in turn was also required to decide the same in accordance with law. Pursuant to the order of the Writ Court dated 22nd November, 201