THE HON'BLE MR JUSTICE J.CHELAMESWAR AND THE HON'BLE MR JUSTICE M.E.N.PATRUDU WRIT PETITION No: 25338 of 2005 Dated: 15.02.2006 Between: The State level Police Recruitment Board, Rep., by the Chairman, Andhra Pradesh, Hyderabad & another. ..... PETITIONERS AND Chevuri Ajay Kumar .....RESPONDENT THE HON'BLE MR JUSTICE J.CHELAMESWAR AND THE HON'BLE MR JUSTICE M.E.N.PATRUDU ORDER:- (PER THE HONOURABLE JC,J) The writ petition is filed with a prayer as follows: “…… Hon’ble Court maybe pleased to issue an appropriate Writ or direction more particularly one in the nature of Writ of Certiorari calling for the records connected with order dated 18.07.2005 in O.A.No.93 of 2005 on the file of the Hon’ble A.P.A.T., Hyderabad and to quash the same as erroneous and contrary to law and pass such other orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.” The sole respondent herein applied for recruitment as a Police Constable pursuant to an advertisement issued by the petitioners herein. The application is dated 28.01.2004. After the respondent going through the prescribed process in the recruitment, the petitioners provisionally selected him by proceedings dated 25.08.2004. However, by proceedings dated 03.01.2005, the petitioners sought to cancel the provisional selection of the respondent herein on the ground that he suppressed some material information. It appears a criminal case came to be registered against the respondent on 02.08.2004 under Section 509 IPC. Consequently, the respondent was arrested on 16.08.2004. However, it appears that the matter was compromised before the Lok Adalath on 07.09.2004 and the respondent was acquitted of the charge mentioned above. However, in the proceedings dated 03.01.2005, the petitioners herein opined that the respondent suppressed the fact of his involvement in a crime and also the subsequent arrest. On that ground the petitioners sought to cancel the provisional selection of the respondent. It is obvious from the above-narrated facts that the registration of the crime and arrest were at later point of time to the date of the application by the respondent. It appears under the relevant rules the respondent was required to give a declaration as to whether he was ever arrested in connection with any criminal case and convicted. Admittedly, such declaration was also given along with the application form on 13.06.2004 by which date neither the crime was registered against the respondent nor was he arrested. In the circumstances, the decision of the petitioners to cancel the provisional selection of the respondent is plainly illegal and the Tribunal therefore, rightly set aside the said proceedings by the order under challenge. We, therefore, do not see any merits in the present writ petition. However, the learned Government Pleader represented that having regard to the nature of the allegation made against the respondent in the crime that was registered against him notwithstanding the fact that the complainant and the respondent compromised for the offence compounded, the State is still entitled to take the said facts into consideration for taking a final decision in the matter of appointment of the respondent and therefore, learned Government Pleader submitted that the petitioners be given the liberty to examine the issue afresh. In the circumstances, the order under challenge passed in O.A.No.93 of 2005 is modified. The order insofar as directing the petitioners to send the respondent herein for training for the post of Stipendiary Cadet Trainee Police Constable is set aside and it is open to the petitioners to take appropriate decision by following the appropriate procedure of law, if they so choose to examine the antecedents of the respondent for the purpose of satisfying themselves as to the suitability of the respondent for appointment. The writ petition is accordingly, disposed of. No costs. However, a decision must be taken by the petitioners within a period of eight weeks from today. _____________________ J.CHELAMESWAR, J ____________________ M.E.N.PATRUDU, J Date: 15.02.2006 ES