CWP(T) No. 13846 of 2008 17.11.2009 Present: Mr. J.R. Poswal, Advocate, for the petitioner. Mr. R.K. Sharma, Senior Additional Advocate General for the respondents. The name of the petitioner was recommended by the Secretary, State Selection Committee-cum- Sub Regional Employment Officer, Ex-Servicemen Employment Officer, Ex- Servicemen Employment Cell, Hamirpur for the post of constable against the post reserved for Ex-Servicemen. However, during verification of the antecedents, it transpired that the petitioner is involved in a criminal case and F.I.r. No. 10/2006, dated 9.1.2006, under Section 307 of Indian Penal code and 25-54-59 of Indian Arms Act was registered against him. The challan has been put up on 1.7.2006. Mr. J.R. Poswal, learned counsel for the petitioner has vehemently argued that the wife of his client has also lodged F.I.R. No. 11/2006, dated 10.1.2006 under Sections 147/451/504/506/427 of Indian Penal Code. It has come in the reply that the allegations contained in the FIR, i.e.,11/2006, dated 10.1.2006 could not be established and, as such, a cancellation report was prepared by the local Police and presented in the Court on 4.2.2006. Since the petitioner is involved in a criminal case and the matter is under trial, there is no illegality in the action of the respondents denying the appointment to the petitioner to the post of Constable. Accordingly, there is no merit in this petition and the same is dismissed. No costs. (R.B. Misra), Acting Chief Justice (Rajiv Sharma), Judge. November 17, 2009 bhupender