RAJESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule DB. With the consent of the learned counsel for the parties, the matter is taken up for final hearing.

(2.) The petitioner has assailed the order dated 17.11.2003 of the Central Administrative Tribunal (hereinafter referred to as the CAT) in O.A. No.663/2003 whereby the OA of the petitioner was dismissed.

(3.) Petitioner was appointed as Civilian Vehicle Mechanic (MV) in 505 Army Base Workshop on 21.2.2000 after qualifying selection. He was involved in a case FIR No.348/1998 registered under Section 341/323/34 IPC, PS Najafgarh, Delhi. At the time of filing of the Attestation Form for character and police verification, petitioner suppressed the fact of pending criminal case against him despite knowledge of the same. On verification the respondents were informed by the Dy. Commissioner of Police, Special Branch, Delhi that the petitioner was involved in case FIR No.348 dated 8.7.1998 under Section 323/341/34 IPC, PS Najafgarh, Delhi pending adjudication. This resulted into issuance of show cause notice to the petitioner. After he replied to the same, he was charge-sheeted for departmental enquiry under Rule 14 of CCS (CCA) Rules,1965 for concealing material information regarding involvement in criminal case at the time of recruitment. After completion of enquiry, the petitioner submitted a detailed representation to the Enquiry Officer taking a plea that he, on account of improper knowledge of English language, was not able to understand the correct import of Column No.13 of the Attestation Form. The said representation was rejected. Appeal and revision against the said order was also dismissed and petitioner was imposed with major penalty of removal from service. This resulted into filing of the OA by the petitioner, which was dismissed on 17.11.2003. The said order of the CAT has been assailed before us.