MUKESH YADAV Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) The petitioner is aggrieved by the order dated 11th May, 2017, passed by the Railway Board, Ministry of Railways, Government of India, wherein he was declared unfit for Government service and discharged from the post of Constable in the RPF/RPSF with immediate effect. The reasons for passing the discharge order were that the petitioner had deliberately omitted to furnish vital information with regard to a criminal case against him which was pending trial at the time when he had filled up the attestation form, after being selected to the subject post on clearing the written examination and interview.

(2.) Mr.Singal, learned counsel for the petitioner submits that a Police Case No.65/2000 under Sections 147/148/149/323/324/504/307 of the Indian Penal Code, was registered against the petitioner and ten others at Vijayipur, District Gopalganj, Bihar. On the date of the alleged offence i.e. on 9th October, 2000, the petitioner was twelve years and five months old, his date of birth being 16th May, 1988. The petitioner attained majority in the year 2006. In the year 2011, the petitioner applied for the post of Constable in the RPSF. Based on his performance in the written examination and interview, the petitioner was selected to the post of Constable. He was then asked to submit an attestation form wherein he did not mention the factum of the pendency of Police Case No.65/2000 against him. The attestation form filled up by the petitioner was sent to the District Magistrate, Gopalganj (Bihar) for verification of his character and antecedents. Pending verification of his antecedents and his character, the petitioner was permitted to join his training on 17th November, 2014. During the course of the said training, the petitioner was issued a discharge order dated 29th July, 2015, stating inter alia that since he had suppressed the fact of the pendency of the criminal case against him while filling the attestation form, he was being discharged as per the conditions mentioned in para 3 of the attestation form.

(3.) Aggrieved by the discharge order dated 29th July, 2015, the petitioner had filed a writ petition in the High Court at Allahabad (Civil Miscellaneous Writ Petition No.52182/2015) which was allowed vide judgment dated 22nd December, 2016, by quashing the discharge order dated 29th July, 2015 and directing the respondents to re-consider the matter and pass a fresh order after affording an opportunity of hearing to the petitioner. In compliance with the aforesaid judgment, the respondents have passed the impugned speaking order dated 11th May, 2017, once again discharging the petitioner and cancelling his candidature for appointment to the post of a Constable.