Digitally signed by BHOLA B N H AT O H LA NATH KHATAI KHATAI Date:

2025.11.25 17:15:59 +0530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7578 of 2011 Reserved on 18.11.2025 Delivered on 25.11.2025

1. Dharmendra Kumar S/o Shri Bhagirath Prasad, aged about 31 years, Occupation – Trade Constable (Sweeper) (Terminated), R/o Village Mahadevpura, Post Aithar, Distt. Bhind (M.P.)

... Petitioner versus

1. State Of Chhattisgarh through Secretary, Home and Police Affairs, Department of Home, D.K.S. Bhawan, Mantralay, Raipur (CG)

2. The Director General of Police, Raipur (Chhattisgarh)

3. The Inspector General of Police, Chhattisgarh Arms Force, Police Head Quarter, Raipur (CG)

4. The Commandant, A.P.T.S. Jagdalpur (Trainy) District – Jagdalpur (Chhattisgarh)

5. The Commandant, 16^th Battalion (I/R), Chhattisgarh Arms Force, Narayanpur, District Narayanpur (CG)

6. Commandant, 7^th Battalion, Chhattisgarh Arms Force, Bhilai, District Durg (CG)

... Respondent(s)

For Petitioner : Mr. Avinash K. Mishra, Advocate For Respondent/State : Mr. H. A. P. S. Bhatia, P.L.

Hon'ble Shri Justice Sanjay Kumar Jaiswal

C A V O R D E R

1. The present writ petition has been filed by the petitioner seeking the following relief:

“That the Hon’ble Court may kindly be pleased to issue writ of mandamus for setting aside the order impugned dated 08.11.2011 (Annexure P-1) passed by the respondent No.3 and quashed the order dated 15.11.2010 (Annexure P-2) passed by the respondent No.4, by which petitioner has been terminated from the post of Trade Constable (sweeper).”

2. The facts relevant for disposal of the present case, in brief, are that consequent upon petitioner's participation in a duly drawn selection process he was selected as Trade Constable (sweeper) in the Chhattisgarh Armed Force on 19.11.2009 and joined his service at 7^th Battalion, Chhattisgarh Armed Force, Bhilai, District Durg. At the time of appointment, petitioner filled a verification form, column 12 whereof required the candidate to submit information as to whether he was chargesheeted in any criminal case or had been arrested or a bond had been obtained etc.

3. Admittedly, the petitioner mentioned “No” in Column No.12 and did not disclose the fact that Crime No.01 of 2004, for offences under Sections 323, 325 read with Section 34 of the IPC was registered against him with other family members at Police Station Barohi in District Bhind and in the said matter he was convicted under Sections 323, 325 read with Section 34 of IPC and sentenced to undergo RI for one month u/s 323/34 of IPC and RI for one year with fine of Rs.100 with default stipulation u/s 325/34 of IPC by the Judicial Magistrate First Class, Bhind, MP vide order dated 15.10.2007.

4. In the course of verification of antecedent, the respondent No.6 got the said information from the office of the Superintendent of Police/District Magistrate, District Bhind, M.P. Subsequently, the impugned order terminating the service of petitioner was passed by the Appointing Authority on 15.11.2010. Against the termination order, the petitioner filed a petition, WPS No.1011 of 2011, which was dismissed as withdrawn vide order dated 21.02.2011 with liberty to the petitioner to take recourse to appellate forum available to him under the provisions of law. Consequently, the petitioner filed a Departmental Appeal under Section 24 of the Civil Services (Classification, Control and Appeal) Rules, 1966 before the Director General of Police, Chhattisgarh which was rejected vide order dated 08.11.2011, resulting in the filing of the present writ petition.

5. Assailing the impugned orders, Shri Avinash K. Mishra, learned counsel for the petitioner, would submit that against the said conviction, the petitioner preferred an appeal before the Sessions Judge, Bhind registered as Criminal Appeal No.126/2007 along with other family members. During the pendency of appeal, the victim Kalicharan and all the accused filed an application for compromise under the provisions of 32