JOICE MICHAEL Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ petition, the petitioner has assailed an order dated 26 th November, 1991 whereby he has been terminated from service under the applicable rules during the period of probation for the reason that he was not found suitable for retention in the force. The petitioner's appeal against this order of removal was rejected by an order dated 20th February, 1992 by the competent authority which has also been challenged before this court on the ground that the same is also non speaking.

(2.) The petitioner was interviewed and selected on 16th August, 1989 for the post of Head Constable/Driver by the Central Industrial Security Force (CISF). After such selection, the petitioner was unfortunately implicated in a criminal case arising out of an incident on 27th April, 1990. On 20th June, 1990, a criminal case no.246/90 under Section 279 & 338 of the Indian Penal Code was registered against the petitioner by the police station Palai with regard to the said occurrence. The respondents contend that the petitioner was arrested in this case on 21st June, 1990 and admitted to bail.

(3.) In the meantime, pursuant to his selection and appointment, the respondents had required the petitioner to fill up an attestation and The petitioner filled this form on 10 th October, 1990. verification form. However, in answer to the specific queries at serial no.12(a), (b) and (c) to the effect as to whether the petitioner has ever been arrested/prosecuted, kept in detention, and bound down, the petitioner had answered in the In this background, an appointment letter dated 30th October, negative. 1990 was issued to the petitioner appointing him w.e.f. 15th October, 1990 on the post of Head Constable/Driver.