AKHILESH KUMAR Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) The petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India praying for quashing of the speaking order dated 11.05.2017, whereby he has been discharged and his candidature for appointment as a Constable in the RPF/RPSF has been cancelled.

(2.) Brief facts leading to filing of the instant writ petition are that in the year 2011, the respondents published an advertisement for the post of Constable in Railway Protection Force/Railway Protection Special Force. The petitioner applied for the said post and successfully qualified the examinations. Thereafter he was sent for training at RTC, CISF Bhilaie (CG) for being appointed as a Constable in the Railway Protection Special Force. On 11.06.2014 the petitioner filled an attestation form mentioning therein that no criminal case was registered against him. However, when the attestation form filled by the petitioner was sent to the District Magistrate, Ghazipur for police verification, it was revealed that a case bearing FIR No.752/2010 under Sections 323/325/506/504 IPC was registered against him. On the basis of said police verification report, the respondents passed an order dated 29.07.2015, discharging the petitioner from training with immediate effect for suppression of facts.

(3.) Aggrieved by the order dated 29.07.2015, the petitioner filed W.P. No.52198/2015 before High Court of Allahabad which was allowed vide order dated 22.12.2016 and the impugned order dated 29.07.2015 discharging the petitioner was quashed giving liberty to the respondents to reconsider the matter and pass a fresh appropriate order, in terms of the observation made in Avtar Singh vs. Union of India & Ors., 2016 8 SCC 471.