SANDEEP KUMAR MISHRA Vs. STATE OF C.G

JUDGEMENT

(1.) THE Petitioner was selected for appointment on the post of Constable (G.D.) in Commandant, 2nd Battalion, Chhattisgarh Armed forces, Sakri, District-Bilaspur, vide order dated 5.8.2004 (Annexure P/1), temporarily on the pay scale of Rs. 3050-75-3980-80-4590. THE condition of the appointment was that the services of the Petitioner could be terminated with one month's notice or payment of one month's salary in lieu of notice. His services could be terminated if, verification/attestation form was found false, subsequently or on discovery of any information with regard to his character verification, which makes the Petitioner unsuitable for the job.

(2.) VIDE order dated 23.9.2004 (Annexure P/2), the services' of the Petitioner was removed with one month's salary on the ground of violation of the condition No. 4 whereunder, the Petitioner had submitted false information in the attestation form. The charge sheet for offences punishable under Sections 341, 323, 294, 506B and 427/34 of the Indian Penal Code was filed against the Petitioner, which resulted into compromise on 17.4.2001 in the Court of Chief Judicial Magistrate, Mahasamund (Annexure P/4).

(3.) LEARNED Counsel appearing for the Respondents/State, per contra, submitted that the Petitioner has deliberately suppressed the information with regard to charge sheet and thereafter with regard to his Challan and registration of the case in the police Station for the offences (Supra) committed by him. Required information in Column No. 12 is specific inquiry and it was case of no confusion. The same was also not the case of the Petitioner. F.I.R. was filed, the criminal case was registered, and the Petitioner was arrested and released thereafter. Challan was filed in the Court of Chief Judicial Magistrate, Mahasamund. Thus, suppression of these material informations entail removal from service, clearly prescribed in the appointment order. The Petitioner had not attempted to remove the mistake voluntarily.