HITENDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner joined the service as Sub-Inspector (GD) with Seema Suraksha Bal on 06.02.2003 at Arariya in Bihar. After he completed his basic training (Platoon Commander Training), he was posted for duties as SI (GD) on the Border Outpost. Within two months of his joining the service, his appointment was cancelled and was terminated from service w.e.f. 02.04.2003. The petitioner in this writ petition has called in question his termination from service and has prayed for a writ of mandamus against the respondents directing them to reinstate him in service with all consequential benefits of seniority and pay and allowances etc.

(2.) The factual matrix of the case giving rise to this writ petition is as follows:-

(3.) In response to notice of this writ petition, the respondents have filed their counter affidavit in which they have justified the termination of the petitioner on the ground that he had concealed the material information while furnishing the Attestation Form at the time of his interview on 11.06.2002 regarding his involvement in a criminal case registered against him vide FIR No. 80/2002 under Sections 498-A/494/34 IPC with Police Station Barser, Himachal Pradesh. The respondents have relied upon Warning No. 2 mentioned on the top of the Attestation Form according to which the services of the petitioner were liable to be terminated in the event of his failure to inform the respondents about his detention, arrest, prosecution etc. subsequent to furnishing of the Attestation Form. The respondents have contended that the present writ petition is without any merit and they have prayed for its dismissal.