Nasir Hussain vs State of Haryana and Others

Augustine George Masih, J.—Counsel for the petitioner contends that petitioner was selected as Constable and was placed at Sr. No. 208 of the successful candidates belonging to the general category. Physically and medically he was found fit. Persons who were similarly placed and selected along with the petitioner have been issued appointment letters and they have joined, whereas in the case of the petitioner the appointment was not being given and, therefore, he had approached the Commandant 4th Battalion, Haryana Armed Police, Madhuban, District Karnal-respondent No. 3 for issuance of appointment letter, where he was informed orally that the petitioner can not be granted appointment letter in the light of the fact that the offence u/s 120B IPC, for which he has been accused in FIR No. 106 dated 9.3.2011 along with Section 3(7)10/ 55 of Essential Commodities Act, 1955 registered at Police Station Nuh, District Mewat involves moral turpitude as per the instructions issued by the Director General of Police. Counsel for the petitioner contends that after investigation challan has been presented against the accused. In the said challan Section 120-B IPC has not been added. He contends that there being no offence which would involve moral turpitude, as per the challan presented, petitioner is entitled to appointment to the post of Constable. He contends that liberty may be granted to the petitioner to file a representation to the Commandant 4th Battalion, Haryana Armed Police, Madhuban, District Karnal-respondent No. 3 within a period of one week, which may be directed to be considered and decided within some specified time.

In the light of the statement made by the learned counsel for the petitioner, the present petition is disposed of with liberty to the petitioner to file a detailed representation stating therein his claim to the Commandant 4th Battalion, Haryana Armed Police, Madhuban, District Karnal-respondent No. 3 within a period of one week from today, which if submitted by the petitioner shall be considered and decided by the Commandant 4th Battalion, Haryana Armed Police, Madhuban, District Karnal-respondent No. 3 within a period of four weeks from the date of such submission of the representation. The decision so taken be conveyed to the petitioner forthwith. In case the claim of the petitioner is not to be accepted, a well reasoned and speaking order be passed and conveyed to the petitioner forthwith.