(1.) These appeals have been filed against the judgments and orders dtd. 20/8/2008 passed by the High Court of Delhi at New Delhi in Writ Petition (Civil) No. 1549 of 1997 and order dtd. 29/9/2008 passed in Review Petition No. 341 of 2008 in W.P. (Civil) No. 1549 of 2008 passed in Review Petition No. 341 of 2008 in W.P. (Civil) No. 1549 of 2008 by the High Court of Delhi.
(2.) The appellant herein, was selected and appointed as Sub-Inspector in Delhi Police Service. Appointment letter was issued on 28/1/1994. He was allowed to join Delhi Police Service as Sub-Inspector on 10/2/1994. While undergoing A, B, C and D Course in South-west District, respondents have received a complaint on 12/4/1996 stating that the appellant was a deserter from the Army and after he deserted Army in 1992, he was declared as absconder. On receipt of such complaint, respondents have addressed a letter to SHO / Inderpuri to enquire about the antecedents of the appellant and it was confirmed that the appellant was a deserter from the Army w.e.f. 31/7/1993. Further, It is also the case of the respondents that in the attestation form which was duly filled by the appellant in his own handwriting at the time of entry into service, in column No. 10, he has mentioned as Not Applicable (NA). It is the case of the respondents that though the appellant has joined Army service in 1992, he has not disclosed about his earlier employment in Army and suppressed the said information in the attestation form in column No. 10 by not furnishing correct information. During the probation period, respondents have terminated the service of the appellant by order dtd. 14/8/1996. The said order reads as under:-
(3.) The learned counsel appearing for the appellant has strenuously contended that he was not given any opportunity in the inquiry and the impugned order is passed by conducting inquiry behind his back. It is submitted that his services were terminated alleging that he was a deserter from the Army, as such, respondents ought to have conducted inquiry by giving opportunity before his termination. It is submitted that though he has joined Army service in the year 1992, he was permitted orally to join Delhi Police Service.