UNION OF INDIA Vs. SUKHEN CHANDRA DAS

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises out of the judgment and order dated 23.03.2005 passed by the Division Bench of the High Court of Gauhati Bench at Agartala in Writ Appeal No. 88/2002 dismissing the appeal of the Union of India and Others against the order dated 01.08.2001 of the learned Single Judge of the High Court in Civil Rule No. 139/1996.

(3.) Briefly stated, the facts of the case are that the writ petitioner-respondent herein was enrolled as Constable on 08.11.1991 in Central Reserve Police Force (for short 'the CRPF'). Thereafter, the appellants started the process of verification of the character and antecedents of the respondent from civil authorities as required under the provisions of the relevant rules. The District Magistrate-cum-Collector (West Tripura) by its letter dated 03.06.1994 informed the appellants that the respondent along with six others was charge-sheeted by Sonamura Police Station Case No. 91 dated 24.12.1990 for offences under Sections 148/149/380 and 436, IPC. The respondent, at the time of enrolment in CRPF, did not disclose the said fact in column No. 12 (a) and (b) of Verification Roll of CRPF [see Rule 14(B)]. On receipt of the reply from the District Magistrate-cum-Collector, the Commandant 9th Batallion CRPF vide order dated 23.06.1994 in purported exercise of the power under Rule 5(1) of the Central Civil Services (Temporary Services) Rules, 1965 terminated the services of the respondent.