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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

S.B.CIVIL WRIT PETITION NO.3740/2014

(Zuharuddin Khan vs. Jodhpur Vidhyut Vitran Nigam Limited)

DATE OF ORDER: 10.7.2014

HON'BLE MR.JUSTICE GOPAL KRISHAN VYAS

Mr.Harish Purohit, for the petitioner.

Mr.Ravi Bhansali, for the respondents.

REPORTABLE

In this writ petition filed by the petitioner, he has

challenged the orders dated 7.4.2014 (Annex.1) and dt.7.5.2014

(Annex.2) and prayed that both the orders may be quashed and

the respondents may be directed to reinstate the petitioner in

service with all consequential benefits.

As per the facts of the case, a criminal case was registered

against the petitioner at Police Station, Govind Garh, District

Alwar in which after investigation, challan was filed but a

compromise was arrived in between the complainant and

petitioner for the offences under sections 323, 341 & 325 IPC

but for the offence u/s.308 IPC, the trial court commenced the

trial.

An advertisement was issued by the respondent Jodhpur

Vidhyut Vitran Nigam Limited for appointment on the post of

Technical Helper and in pursuance of that advertisement, the

petitioner was selected for the post of Technical Helpter and as a

consequence of selection, he was appointed vide order

No.173/36, the appointment was made in favour of the

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petitioner on 2.7.2012. The petitioner was given posting in the

office of Sub Division Assistant Engineer, Jodhpur Discom but

upon police verification with regard to character of the petitioner,

the Superintendent of Police, Alwar informed vide communication

dated 7.5.2013 to the respondent Nigam that in the criminal

case registered against the petitioner at Police Station,

Govindgarh, District Alwar for the offences u/ss.323, 341, 325

and 308/34 IPC, after investigation, challan was filed in the trial

court. Upon receiving such information, the matter was

considered by the respondents in the light of information and

record. In the documents and information submitted by the

petitioner, it is found that although fact of criminal case was

disclosed in the affidavit that F.I.R. was filed against him for the

offences u/ss.143, 323 and 341 IPC and case is pending in the

court of A.D.J., Laxmangarh but it is nowhere disclosed that the

challan was filed under Sec.308 IPC. Moreso, a specific

statement was made in the affidavit that for the offences,

compromise has already been arrived at between the parties.

The respondent Department terminated the service of the

petitioner on the ground that he has concealed material fact for

obtaining appointment, vide order dated 7.4.2014 and in

pursuance of the said termination order, the petitioner was

discharged by the Assistant Engineer (O&M), DISCOM Bagara,

District Jalore vide order dated 7.5.2014.

Learned counsel for the petitioner submitted that a

material information with regard to pendency of criminal case

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was given by the petitioner by way of filing an affidavit, as such,

it cannot be said that any concealment was made by the

petitioner with regard to pendency of criminal case, therefore,

the order impugned may be quashed. Learned counsel for the

petitioner further argued that termination of petitioner's services

on the ground of concealment of fact as per Condition No.17 of

the appointment order is illegal because it casts a stigma upon

him for securing appointment by improper means. The petitioner

offered explanation with regard to registration of a criminal case

against him and after due application of mind, appointment was

given to the petitioner, therefore, order of termination is illegal.

Per contra, learned counsel for the respondents

vehemently submits that it is a case of not only concealment of

fact but also of misleading the court because in the affidavit filed

by the petitioner, information with regard to registration of a

case under sections 14