SURJIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution seeks the quashing of the order dt. Oct. 8, 1984 terminating the services of the petitioner with immediate effect i.e. Oct. 8, 1984.

(2.) The petitioner was empanelled for employment in class IV initial recruitment grade and was thereafter appointed as a Khalasi in the Office of the Traffic Accounts Officer, Northern Railway, Kishangang, Delhi with effect from May 27, 1982. The petitioner was promoted as a temporary peon with effect from Aug. 28, 1984. After the appointment of the petitioner in Railway service, he was required to fill uP attestation form for the verification of character and antecedents. The photostat copy of the original attestation form has been filed along with the counter-affidavit. A warning is given at the top of the attestation form which, inter alia, reads:

(3.) After the information was received that the petitioner was involved in various criminal cases, the case was referred for consideration of the Railway Board, Ministry of Railways. The Railway Board, observed that there has been deliberate suppression of material information by the petitioner about his earlier conviction in spite of clear warning given at the top of attestation form. A show cause notice dt. Aug. 27, 1984 was issued. The petitioner was informed that the information given by him in column No. 12 (Character certificate) in the attestation form was not correct.The petitioner was called upon to send his reply. In answer to the show cause notice, the petitioner admitted that he was involved in a case under the Gambling Act and was convicted and fined. He also admitted that he was involved in an excise case but was acquitted. He gave the explanation that he was of the opinion that this was not a serious crime of which detail was required to be given in the form of service. This explanation was considered by the competent authority who decided to terminate the services of the petitioner.