DESH RAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was selected for recruitment as a Constable in CRPF on 18.4.1995 and while filling up the verification roll replied in the negative to the information sought: Have you ever been arrested, prosecuted, kept under detention or bound down/fined, convicted by a Court of Law for any offence. He did not inform that the petitioner was challaned by a Traffic Constable and he had to appear in the Court of a learned Traffic Magistrate for having committed an offence punishable under Section 279 IPC i.e. he was found driving a truck on a public way in a manner so rash or negligent as to endanger human life or likely to cause hurt or injury to a person as also for the offence punishable under Section 336 IPC i.e. having done an act so rashly or negligently so as to endanger human life or the personal safety of others, and for which the petitioner was fined `400/-.

(2.) WHEN aforesaid information surfaced and needless to state it surfaced during character verification, a charge sheet was served upon the petitioner for having secured public employment by suppressing a relevant information and needless to state the allegation was proved resulting in the petitioner being removed from service w.e.f. 22.6.1998. Appeal filed was rejected vide order dated 2.7.1998.

(3.) IT is true that while filling up the verification roll, pertaining to information sought vide serial No.12(a) of the verification roll, information being sought is as per para 1 above, the petitioner replied in the negative, but it cannot be lost sight of that the petitioner was brought before a Magistrate pursuant to a challan issued by a Constable for the offence of rash and negligent driving. The petitioner never injured or killed anybody due to rash and negligent driving. IT is just that, he was driving too fast.