IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1072 of 2011 In Civil Writ Jurisdiction Case No. 3649 of 2008 ====================================================== Ram Prit Paswan son of late Vasudev Paswan, Resident of Village Raiyaam, P.S. Bharavsthan, District Madhubani. .... .... Petitioner/Appellant Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The D.G. cum I.G. Police, Bihar, Patna. 3. The D.I.G. of Police, Darbhanga Range, Darbhanga. 4. The The S.P. Madhubani. .... .... Respondents/Respondents ====================================================== Appearance : For the Appellant : Mr. Ram Hriday Prasad, Advocate For the Respondents : Mr. Dilip Kumar, A.C. to GA-2 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2. 01.08.2011 Feeling aggrieved by the judgment and order dated 19th April 2011 passed by the learned single Judge in the above C.W.J.C. No. 3649 of 2008 the writ petitioner has preferred the present Appeal under Clause 10 of the Letters Patent. On 10th July 1999 the appellant was employed as a police constable in the State of Bihar. On scrutiny, it was found that the appellant had secured appointment by suppressing the Patna High Court LPA No.1072 of 2011 (2) dt.01-08-2011 2 / 2 2 factum of criminal cases pending against him. On the ground of suppression of material facts and misrepresentation his service came to be terminated on 7th May 2005. The said order was confirmed in the departmental appeal on 27th June 2007. Challenge to the said order of termination of service in the above C.W.J.C. No. 3649 of 2008 under Article 226 of the Constitution has failed. Therefore, the present Appeal. Learned advocate Mr. Ram Hriday Prasad has appeared for the appellant. He does not dispute that on the date of his appointment four criminal cases were pending against the appellant. He also does not dispute that in the application for appointment made by the appellant, the appellant did not disclose the factum of pending criminal proceedings. He has, however, submitted that in all the four cases the appellant has been acquitted by the concerned trial Court. We are afraid, the acquittal of the appellant in pending criminal cases is of no consequence. In view of the fact that the appellant had secured employment by suppression of material facts and on misrepresentation, the termination of his service has to be upheld. No case for interference is made out. The Appeal is dismissed in limine. Pawan Kumar/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)