GOVT. OF NCT OF DELHI Vs. JITENDER KUMAR

JUDGEMENT

(1.) THE petitioner, Directorate General of Home Guards and Civil Defence, Government of NCT of Delhi, had invited applications for the post of Chowkidar. For this purpose, advertisement was issued and the candidates desirous of being appointed were required to fill up the attestation/application form for the said post. The respondent herein also gave the application in the prescribed form. In column 12 of this application form, following information was sought: -

(2.) AGAINST this column, no information was given and it was left blank. The candidature of the respondent was considered and he was offered temporary post of Chowkidar vide letter dated 17.9.2001. He joined the duties on 26.9.2001 pending verification of his character and antecedents. The police verification was sought in the meantime and report dated 20.12.2001 was received from the DCP, Special Branch, Delhi, stating that the respondent was reported to be involved in FIR No.554 dated 15.7.1997 under Section 325/34 IPC, Police Station Hari Nagar, New Delhi. It was further stated that, in the said FIR, he was acquitted by the Court of learned MM, Delhi on 2.7.2000 in Lok Adalat.

(3.) THE petitioner, after receiving this information, took the view that the respondent had deliberately not mentioned regarding his involvement in the above case in column No.12 of the attestation form and, therefore, invoking the provisions of Rule 5(1) of the CCS (Temporary Service) Rules, 1965, his services were terminated vide orders dated 2.4.2002. After being unsuccessful in the departmental appeal, the respondent herein challenged the said action of the petitioner herein before the Central Administrative Tribunal by filing application under Section 19 of the Administrative Tribunal Act (OA No.1072/2002). This OA is allowed by the learned Tribunal vide impugned judgment dated 16.8.2002.