IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.598 of 2011 Decided on: Feb. 25, 2011. Arvind Kaushal ………..Petitioner versus State of H.P. and others. ……….Respondents Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Ahuja, Judge. For the petitioner : Mr.Rajiv Rai, Advocate. For the respondent : Mr.Ankush Dass Sood, Additional Advocate General with Mr.J.K. Verma, Deputy Advocate General. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) Petitioner is aggrieved since he has not been appointed despite selection as Constable. In the reply filed by the Superintendent of Police, at paragraph 2, it is stated as follows: “Admitted to the extent that petitioner Sh. Arvind Kaushal has been provisionally selected for the post of constable in the recruitment of 6th IRBM Kolar Distt. Sirmour and other Battalions. During the course of character and antecedent verification it is found that Case FIR No.42/09 dated 09.02.2009 u/S 341, 323, 147, 149, IPC and case FIR No.262/09 dated 07.9.2009 u/S 147, 149, 342, 323, IPC have been registered against petitioner Arvind Kaushal S/o Sh. Hari Baksh R/o Vill Nog, P.O Binola, Tehsil Sadar, District Bilaspur, H.P. Both the cases are under Trial in the Court of ld. JMIC, Bilaspur. As per the Himachal Pradesh Government notification No. Home (A) A(3)-1/2005-Part dated 25.3.2008 para no.14” In case of a candidate against whom investigation or trial is pending, the offer of appointment may be 2 held in abeyance for up to a period of 2 years or until he is cleared during investigation or trial, which ever is earlier.” 2. There will be a direction to the Judicial Magistrate Ist Class, Bilaspur to dispose of both the cases referred to above expeditiously on merits in accordance with law within a period of six months, as far as possible, from the date of production of a copy of this judgment alongwith a copy of the writ petition by the petitioner. Subject to the outcome of the cases, appropriate action will be taken by the Appointing Authority. 3. With the above directions, the writ petition is disposed of, so also the pending application(s), if any. Copy Dasti. (Justice Kurian Joseph), Chief Justice Feb.25, 2011 (Justice V.K. Ahuja), (tilak/sds) Judge.