IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12409 of 2003 SANJAY PASWAN Versus THE STATE OF BIHAR & ORS ----------- 3/ 02/02/2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner applied in response to an advertisement for appointment on the post of constable. His name came to be recommended for appointment, but subject to character verification. In between the advertisement and the stage of character verification he was made an accused in two police cases being Lakhisarai P.S. Case No.383/96 and Lakhisarai P.S. Case No.384/96 and was charge- sheeted. The allegation against him is that concealing the same he obtained appointment on 22.9.1997 without making disclosure of his being an accused. Departmental proceedings followed when he has been dismissed from service and the appeal also rejected. Learned counsel for the petitioner relies upon a judgement of this Court in C.W.J.C. No.3380/98. In that case, the effect of the misrepresentation/concealment was being considered after an acquittal in the trial. In the present case, the status of the petitioner in the two cases where he has 2 been made an accused is not before this Court and neither are the counsels for the parties in a position to make submissions with regard to the same. Learned counsel for the State submits that acquittal in the trial is another matter distinct from the obligation of the petitioner to make true disclosures in character verification form. The writ application is disposed of with the observation that if the petitioner has been acquitted in the criminal trial, the matter rests in the domain of the respondents to consider the claim of the petitioner for appointment/reinstatement thereafter in accordance with law. KC/ ( Navin Sinha, J.)