1 S.B.CIVIL WRIT PETITION NO. 3063/2009 Naresh Kumar Vs. Union of India & Ors. Date of Order :: 23.04.2009 HON'BLE MR. JUSTICE GOVIND MATHUR Mr Sachin Acharya, for the petitioner/s. ... On facing process of selection for the purpose of appointment as Fireman with 24 Field Ammunition Depot the petitioner was selected, however, appointment was not accorded to him due to concealment of fact relating to his prosecution. While challenging the same it is stated by learned counsel for the petitioner that as a matter of fact the petitioner was extended with the benefit of probation vide order dated 2.3.2002 by the Judicial Magistrate, 1st Class, Udaipurvati, Jhunjhunu, and as such, there was no need to refer that fact in the application form. I do not find any force in the argument advanced, as admittedly the petitioner was subjected to prosecution for the offences punishable under Section 341 and 323 IPC and on confession he was convicted, but looking to the facts and circumstances a benefit of probation was extended to him. The petitioner should have disclosed this material fact while applying for consideration for appointment as Fireman with 2 respondents. The concealment so made is certainly deliberate one in view of the fact that he was convicted in the year 2002, in the age of about 21 years. The concealment made by the petitioner, thus, dis- entitles him from appointment on the post concerned. No wrong, therefore, is committed by the respondents in rejecting petitioner's candidature. The petition for writ is accordingly dismissed. (GOVIND MATHUR), J. Jgoyal '