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2006 DIGILAW 844 (ORI)

Dibya Shankar Giri v. State of Orissa

2006-12-13

I.M.QUDDUSI, N.PRUSTY

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JUDGMENT I. M. QUDDUSI, J. : This writ petition has been filed against the impugned order dated 22.2.2006 passed by the Orissa Administrative Tribunal, Bhubaneswar in O.A. No.414 of 2005 dismissing the said O.A. The brief facts of the case are that the petitioner was selected for the Post of Sub-Inspector of Police. He was not sent for training because of the reason that on police verification some criminal cases were found to have been filed against him in which he was tried and remained in jail for a long time. Further the petitioner had not disclosed in the verification roll that any criminal case was pending against him on the date of filling up of the form. A perusal of the copy of the verification Roll produced by the learned Addl. Govt. Advo¬cate before us shows that in Col. 7 thereof the following was mentioned, against which the petitioner had mentioned “No”. It reads as follows : “07 Whether applicant has ever been accused in a criminal case or has even been in prison. If so, give details.... No.” 2. Learned counsel for the petitioner submitted that in fact due to inadvertence the petitioner did not inform about the pendency of criminal cases and also he remained in jail for a long time. He has placed reliance on the case law laid down by the apex Court in the case of Commissioner of Police Delhi v. Dhaval Singh, reported in A.I.R. 1999 S.C. 2326 in which the Hon’ble Apex Court observed that the respondent in that case while submitting his application Form inadvertently did not mention about the pendency of the criminal cases, but later on he wrote a letter to the Deputy Commissioner of Police that at the time of submission of application form he had not mentioned about pendency of the criminal case in the appropriate column which was done due to lack of knowledge for which he may be excused and that application may be treated as information from his side. Later on he was acquitted in the said criminal case. But, in the meantime his candidature was cancelled. In that case the apex Court has held that as the respondent had conveyed that inadver¬tently he has committed the mistake in not giving information on the relevant column before cancellation of his candidature, the Tribunal rightly set aside the cancellation order. Later on he was acquitted in the said criminal case. But, in the meantime his candidature was cancelled. In that case the apex Court has held that as the respondent had conveyed that inadver¬tently he has committed the mistake in not giving information on the relevant column before cancellation of his candidature, the Tribunal rightly set aside the cancellation order. The order of the Tribunal was upheld by the apex Court. There is material difference in this case. In the instant case, we have noticed that as many as two criminal cases were pending against the petitioner at the time he filled up the application form. We have noticed that three criminal cases were registered against the petitioner at different times right from 1995 till 2002. First, G.R. Case No.236/95 had given rise to S.T. Case No.37/34 of 1996 in which the petitioner was initially charged under Section 364/34 IPC and later on the charge was converted to Sections 364/302/201/34 IPC. However, he was acquitted in that case vide judgment and order dated 21.8.1997. The second case was regis¬tered as G.R. Case No.351/2002 in which the petitioner was charged under Sections 147/146/341/323/427/576/149 IPC but he was acquitted vide judgment and order dated 16.11.2004. In the third case, namely, I.C.C. Case No.24/2002 which was converted to G.R. Case No.514 of 2002, the petitioner was charged under Sections 447/379/34 IPC, but he was acquitted vide judgment and order dated 27.4.2005. 3. Thus, on the date of submission of verification roll, i.e., on 29.11.2004, G.R. Case No.514/2002 was pending against the petitioner. Here it is necessary to mention that the father of the petitioner moved an application before the Director Gener¬al of Police, Orissa, Cuttack on 9.2.2004 intimating therein that his son has been acquitted vide judgment and order dated 16.11.2004. The relevant portion of the application is quoted as under : “To The Director General of Police, Orissa, Cuttack. Sub : Submission of the judgment copy of the Hon’ble Court of Civil Judge (Sr. Division)-cum-J.M.F.C., Deogarh, vide case No.G.R. 351/2002. Sir, xx xx xx That one case, G.R.-351/2002 had been filed by police, Deogarh against my son. But the case was disposed of on 16.11.2004 in the Hon’ble Court of civil Judge (Sr. Division) cum-J.M.F.C., Deogarh and my son was acquitted from the case. Division)-cum-J.M.F.C., Deogarh, vide case No.G.R. 351/2002. Sir, xx xx xx That one case, G.R.-351/2002 had been filed by police, Deogarh against my son. But the case was disposed of on 16.11.2004 in the Hon’ble Court of civil Judge (Sr. Division) cum-J.M.F.C., Deogarh and my son was acquitted from the case. The judgment copy had been delivered by the Hon’ble con¬cerned Court on the next day dt.17.11.2004, soon after receiving the copy it was submitted to the C.I. of police enquiring offi¬cer, Deogarh for his kind information. But it came to my notice that the acquittal report has not been cited neither by C.I. of police nor the S.P. Deogarh, although they received twelve days before the sending their report on 30.11.2004 and taking his left thumb impression before the S.P. on 26.11.2004. In spite of this they have reported in their verification as subjudice (under trial) in the Court of law. On the above circumstances, I am to send herewith the Xerox copy of judgment report of the said case for favour of kind information and to take legal impartial proper action. Otherwise my son will be debarred from getting the post of Sub-Inspector of police and obliged. Yours faithfully, Sd/- .......” 4. The above application has been sent for the first time and no application before that was ever sent, which shows that while informing acquittal regarding one case, the Dy. D.G. and concerned authority were not informed about the other criminal cases instituted or pending against the petitioner, and thus it cannot be said that the petitioner had not informed the concerned authority about the institution or pendency of the criminal case inadvertently. While sending information of acquittal of one case he could have sent the information of institution or pendency of other cases, but this has not been done. Therefore, it cannot be said that the petitioner has not deliberately concealed the mate¬rial facts. Therefore, no case for interference in the impugned judgment and order passed by the tribunal is made out. The writ petition is without any merit and is therefore dismissed. There shall be no order as to the costs. N. PRUSTY, J., I agree. Petition dismissed.