UNION OF INDIA Vs. SHISHU PAL @ SHIV PAL

JUDGEMENT

(1.) Leave granted.

(2.) The appellants - Director General, Central Reserve Police Force (For short the CRPF) and others have preferred the present appeal against the judgment and order dtd. 7/2/2019 passed by the Division Bench of the High Court of Gauhati in a writ appeal (Writ Appeal No.248 of 2018) upholding the order dtd. 27/3/2018 passed by the learned Single Judge in a writ petition (WP(C) No. 5986/2014) setting aside the order of termination of services of the respondent by the Disciplinary Authority vide order dtd. 24/6/2014 duly upheld by the Appellate Authority on 23/9/2014. Resultantly, the appellants were directed to reinstate the respondent in service with all consequential benefits and 50% back-wages. However, liberty was granted to the appellants to impose a minor punishment on the respondent instead of terminating his services. The appeal preferred by the appellants against the judgment of the learned Single Judge has been dismissed by the Division Bench that was of the opinion that as on 30/11/2011, when the respondent was issued an appointment order and he had filled up the Verification Roll, no summons had been issued against him in a criminal case registered on 4/9/2011 nor was he aware of the pendency of the said proceedings and therefore, there was no question of his having deliberately withheld any material information regarding his antecedents from his employer. Aggrieved by the said judgment, the appellants have preferred the present appeal.

(3.) The respondent was appointed on the post of a Constable (GD) in the CRPF and inducted in Group Centre, CRPF, Lucknow. On completion of his basic training, he reported to 149 Battalion. At the time of his recruitment on 17/11/2011, the respondent submitted his character certificate and antecedent certificate, issued by the District Magistrate, District Mainpuri (Uttar Pradesh).