ASHOK KUMAR Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) BY this writ petition, the petitioner has assailed an order dated 2nd May, 1992 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 28th August, 1992 by the competent authority which has also been challenged before this court.

(2.) THE petitioner was interviewed and selected on 17th December, 1988 for the post of constable by the Central Industrial Security Force ('CISF' hereafter). Before such selection, the petitioner was unfortunately implicated in a criminal case arising out of an incident on 8th June, 1987. On 31st August, 1987, a criminal case no.115A/1987 under Sections 147/324/323 of the Indian Penal Code was registered against the petitioner by the police station Sarurpur, district Meerut with regard to the said occurrence. The petitioner has contended that he was acquitted in the criminal case by a judgment dated 23rd January, 1989 of the concerned court.

(3.) AS per the prescribed procedure, the respondents had effected verification of the information given by the petitioner in his attestation form from the authorities who would be concerned with the same. During this verification, a communication was received from the Superintendent of Police, Meerut and the District Magistrate wherein it was stated that a criminal case no.115 -A of 1987 was registered by the police at Sarurpur Khurd under Sections 147/324/323 of the Indian Penal Code which was pending against the petitioner in the competent court.