One months time is allowed to the respondent to file counter affidavit. Rejoinder affidavit be filed within two weeks thereafter.
List this case in the 2nd week of August, 2010.
As per learned counsel for the petitioner, the petitioner has been selected for the post of Constable for recently held recruitment process and his name finds place in the list (annexure no.2 to the writ petition) of selected candidates found fit for training.
The grievance of the petitioner is that he is not being sent for training because of a minor incident which took place in the village five and and half years ago.
Learned counsel for the petitioner has submitted that in respect of an event which took place in December, 2004 in a village. A case under Section 323, 504, 506 of I.P.C. was initiated against the petitioner in which the petitioner was one of the accused. It has been alleged that for picking up cowdung (gobar) there took place a fight amongst village girls. The petitioner took side of his sister, such occurrences are common in rural India. The poor villagers do involve in such local fighting (marpeet) for picking up cowdung. More than 5 and a 1/2 years have been passed, the petitioner himself has suffered during this long period. This Court is of the opinion that this sufferance of pursuing the litigation in the court for all these years is also a kind of punishment which has already been awarded to the petitioner and there are no other charges against him. Such cases end up in compromise.
In view of the above, as an interim measure it is provided that the petitioner shall be sent for undergoing training as Constable Civil Police, if his name appears on the select list for the post of Constable and he shall not be prevented to undergo training only on the basis of the above incident and due to pendency of case no.13429 of 2005. It has also been brought to the notice of the Court that the case has not proceeded further after 2005 and the petitioner would suffer irreparable loss and injury, if for this accusation a young villager-petitioner may not pursue his career.
Order Date :- 18.6.2010 Bhaskar