GUWAHATI, India, Dec. 10 -- Gauhati High Court issued the following order on Nov. 11:

1. Heard Dr. P. Agarwal, learned counsel for the petitioner. Also heard Mr. C.K.S. Baruah, learned CGC for the respondents.

2. The present writ petition has been filed by the petitioner, who was appointed provisionally as a Constable in the Central Industrial Security Force (CISF). The said appointment was made pursuant to the selection process to which the petitioner had submitted his candidature in response to the recruitment proceedings undertaken by the CISF authorities. In connection with the provisions of the Immoral Traffic (Prevention) Act, 1956, the petitioner was arrested in relation to a case registered pursuant to an FIR being Sadar P.S. Case No. 240(10) of 2021, under Sections 3(2)(a)(b) and 4(1) of the said Act. This information was duly disclosed by the petitioner in his application submitted before the CISF Authorities during the process of selection. Notwithstanding the petitioner was duly selected and provisionally appointed.

3. The petitioner approached the High Court of Meghalaya by filing a petition under Section 482 of Cr.PC being Criminal Petition No.7 of 2022. This petition came to be taken up for hearing along with another petition filed by another accused person being Criminal Petition No.8 of 2022. Both these matters were taken up for hearing and vide order dated 22.08.2022 the Criminal Petitions were allowed. The Hon'ble High Court of Meghalaya, upon consideration of the matter, concluded that the FIR lodged against the petitioner did not disclose the commission of any offence. Consequently, the FIR and all related proceedings arising out of Sadar P.S. Case No. 240(10) of 2021, registered under Sections 3(2)(a)(b) and 4(1) of the Immoral Traffic (Prevention) Act, 1956, were set aside and quashed. However, the aforesaid order of the Hon'ble High Court was restricted in its application only to the petitioner before the Court.

4. Thereafter, the petitioner approached the competent authorities and furnished a certified copy of the aforesaid order, requesting the respondents to permit him to undergo the mandatory training so that he may be confirmed in his service.

5. However, the respondents did not permit the petitioner to undergo the mandatory training on the ground that, as per the mandate of the 19th Standing Screening Committee for examination of cases of candidates selected for appointment to various ranks in the CISF who have been involved in criminal cases in the past, the particulars of the FIR, the charge sheet/final report submitted and/or any other related orders and documents are required to be furnished.

6. According to the learned counsel for the petitioner, the respondent authorities have insisted that the petitioner furnish these documents. Notwithstanding the fact that the Meghalaya High Court, by its judgment and order dated 22.08.2022, had quashed the FIR and all relevant proceedings in so far as the petitioner is concerned. Since the claims of the petitioner were not acceded to by the respondent authorities, the petitioner had initially approached the Hon'ble High Court of Meghalaya by filing W.P.(C) No. 130 of 2025. However, as the petitioner is a permanent resident of Assam, District of Cachar, the said writ petition was permitted to be withdrawn and a fresh writ petition has been filed before this Court being the present proceedings.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=U%2BbhtlrLe2adAHN8Tz%2F1d6MfUForMT8l6YksBWn4sxxnfmohOSjCUuq3kv%2B0Nz%2BW&caseno=WP(C)/4499/2020&cCode=1&cino=GAHC010150722020&state_code=6&appFlag=)

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