SANOJ KUMAR YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) Aggrieved by the order dated 7th December, 2018 issued by the Inspector General, Central Industrial Security Force (CISF), whereby his representation against the order of termination of his services with the CISF was rejected and the termination order itself dated 30th September, 2018, the petitioner has filed the instant petition with the following prayers :

(2.) The facts as set out in the petition are that the petitioner had been appointed as Constable on 4th April, 2017 in CISF Unit FGUTPP Unchahar after completion of his training. Respondent No.4 terminated his services on the ground of furnishing false or incorrect information in the enrolment/attestation form. The form required disclosure of facts of having undergone any criminal prosecution and the petitioner had responded in the negative. However, on verification, he was found to have been involved in F.I.R. No.64/2011 dated 24th August, 2011 registered with Police Station Itkhori, District Chatra and the chargesheet No.62/2011 dated 8th September, 2011 under Sections 341/323/448/504 and 34 IPC had been submitted in the court. As this fact was not disclosed by the petitioner when he was filling his application form and also at the time of furnishing his undertaking dated 4th April, 2017 he was found unfit to continue in service.

(3.) The petitioner submitted his representation against this termination, dated 5th October, 2018, claiming that he was unaware of the fact that a court case was pending against him which prevented him from making his disclosure in his undertaking dated 4th April, 2017 and further claimed that he had been "acquitted" by the court on 27th July, 2017 and had been "released" under the Probation of Offenders Act. Therefore, he sought that he be given a chance to correct his mistake and be taken back in service.