BALBINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition is directed against the notice dated 28th May, 2005 issued by the respondent No. 4 in exercise of the power conferred upon him vide para 26 of the CISF Rules, 2001 and the CISF (Amendment) Rules, 2003, seeking to terminate the services of the petitioner by giving him one month's notice. Page 2938

(2.) BACKGROUND facts in a nutshell are as follows: the petitioner applied for appointment to the post of constable in the Central Industrial Security Force (for short the "cisf") and appeared for the recruitment test/interview held from 20. 01. 03 to 21. 01. 03. He was directed to report for basic training on 19th April, 2003 and was supplied with blank forms viz. , (i) Attestation Form, (ii) Certificate of Character, and (iii) Character and antecedents certificates and other required forms vide letter of the Commandant of the concerned CISF Unit dated 03. 4. 03, with a direction to submit the same duly filled in, completed and certified by the competent authorities to the Commandant on 19. 04. 303 at the time of reporting. The Attestation Form as also the other forms were duly filled in by the petitioner on 10. 04. 03 and deposited in the department accordingly. As against column no. 12 (i) at page 5 of the Attestation Form, the petitioner was required to furnish information as to whether any case was pending against him in any court of law and as to whether he had ever been arrested and/or prosecuted and/or kept under detention. The petitioner's reply to all the aforesaid queries was in the negative. The petitioner also submitted a character certificate from the SHO of the area as also from the Sub divisional Magistrate of the area in which nothing adverse was mentioned against him. Accordingly, the petitioner was appointed in the CISF in the rank of Constable w. e. f 19th april, 2003 on a temporary basis and was placed on probation for a period of 2 years with a stipulation that in the event of his being found unsuitable for retention in the force at any time, his services would be terminated in accordance with the provisions of Rules 25 and 26 of the CIFS Rules, 2001 as amended in the year 2003. From 21st April, 2003 to 1st march, 2004 the petitioner underwent basic training and after completion of the same reported to his unit - BCCL, Dhanbad.

(3.) IN the meanwhile, however, the Attestation Form of the petitioner which had been duly filled in by him at the time of his recruitment and which had been sent by the respondent for verification to his home address at District Kangra (H. P.) was received back in original, duly verified, and with an endorsement and a report in the original attestation form that "one police case No. 64/2001 Under Section 420/461/468/471 of IPC has been registered against Balbinder Singh s/o sh. Bir Singh in the Nurpur Police Station which is subjudice in the court of law. " After receiving the aforesaid report through the dy. Commissioner, District Kangra, it was found by the respondents that the said information had not been mentioned in column No. 12 (i)at page No. 5 of the attestation form by the petitioner,and had been deliberately suppressed by the petitioner in order to gain the appointment.