Order

30/01/2025

1. By way of filing of this writ petition, a challenge has been led to the impugned order dated 14.07.2007 passed by the respondent-department by which appointment/selection of the petitioner has been cancelled on account of criminal case lodged against the petitioner.

2. None has put in appearance on behalf of the petitioner.

3. Learned counsel for the respondents opposed the writ petition and submitted that the petitioner faced trial for the offence punishable under Sections 147, 323, 341 and 447 of IPC and he has been acquitted from the charges under Sections 323, 341 & 447 of IPC on the basis of compromise between the parties, but for the offence under Section 147 of IPC, a confession was made by the petitioner, hence, the benefit of Section 3 of the Probation of Offenders Act, 1958 (for short, “the Act of 1958”) was granted to him and he was released on admonition. Counsel submits that such act of the petitioner amounts to misconduct and he is not entitled to be reinstated in service.

4. Heard and considered the submissions made at Bar and perused the material available on record.

5. Perusal of the record indicates that the petitioner participated in the selection