The only point which arises for our consideration in this writ petition revolves around the affidavit dated 18.12.2016(Annexure-A2). Petitioner had sought for being appointed as an in service candidate to the post of Sub-Inspector of Police. In the application at column No.23 as regards candidate’s involvement in any criminal case or departmental enquiry, petitioner had filled in the said column as ‘No’. Petitioner having secured totally 144.67 marks in the written tests, viva voce etc., came to be selected and at the time of verification of records, it has come to light that petitioner was an accused in criminal case No.31/2014 which was registered by the Vijayanagar Police, Mysore, for the offences punishable under Sections 448, 354, 354(b), 506, 504, 295 r/w Section 34 IPC and Sections 3(1)(x) & (xi) of the SC/ST Act. Hence, the next candidate i.e., respondent No.2 has been selected. It is contended by the petitioner that due to inadvertence, he has not mentioned in his online application (AnnexureA1) about the pendency of the criminal case but before conclusion of selection process, he had filed an affidavit before competent authority by disclosing about the pendency of the criminal case as he was an in service
