MANOJ KUMAR Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The petitioner prays for issuance of a writ of certiorari for quashing the Memorandum dated 15.6.2015 issued by the respondent/Railway Protection Force (RPF) discharging him from training with immediate effect and cancelling his selection to the post of Constable.

(2.) The undisputed facts of the case are that the respondent /RPF had invited applications for recruitment to the post of Constables vide Employment Notice No. 1/2011. In the recruitment advertisement, the applicants were called upon to declare as to whether any case was registered against them or they had ever been arrested or prosecuted. The petitioner had applied in response to the said advertisement and he was selected and asked by the respondent/RPF to report for training. At the time of presenting himself for training, the petitioner was required to fill up an Attestation Form furnishing inter alia, certain information. In column no. 12 of the Attestation Form amongst others, the petitioner was required to state if he had ever been arrested, prosecuted, kept under detention, bound down or fined/convicted by any court of law. Apart from the Attestation Form, the petitioner was also required to furnish an affidavit declaring inter alia if he had ever been arrested, prosecuted, kept under detention, bound down or fined/convicted by any court of law for any offence or debarred or disqualified by any Railway Recruitment Board or any Recruitment Board/Commission of the Govt. of India or any State of India. He was also called upon to state if any case was pending against him in any Court of law.

(3.) The replies submitted by the petitioner to the queries posed in column no. 12 of the Attestation Form dated 10.6.2014 were all in the negative. Similarly, in his affidavit dated 13.10.2014, the petitioner had denied having ever been arrested, prosecuted, kept under detention, bound down or fined/convicted by any court of law. He had also denied that any case was pending against him in any Court of law.