GULAB SINGH Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) The petitioner is aggrieved by an order dated 10.05.2018, passed by the respondent No.4/CISF denying his claim for grant of back wages for the period between 112016 to 20.12.2018, on the ground that he was out of service in this duration as a consequence of his own omission.

(2.) The brief facts of the case are that pursuant to an advertisement issued by the respondent inviting applications for appointment to the post of ASI(Executive), the petitioner while working on the post of Constable in the CISF in the year 2014, had applied for the said post and had joined service w.e.f. 209.2014. Upon being selected for the said post, the petitioner was required to fill up an Attestation Form wherein he was required to give the details of any criminal case and/or record of conviction relating to him etc. The petitioner filled up the said form without disclosing the fact that FIR No.305/2007 had been registered against him and his family members at Police Station Khatauli, Distt.Muzaffarnagar (UP) under Sections 363/504/506/323 IPC. In response to a specific question as to whether any criminal proceedings were pending against him, the petitioner had categorically stated 'No'.

(3.) After the petitioner had been selected for the said post and was undergoing training while on probation, he received a letter dated 30.06.2015, from the respondent stating inter alia that they had learnt that a Case No.305/2007 was registered against him at Police Station Khatauli, Distt. Muzaffarnagar (UP). He was therefore directed to furnish certain information relating to the said case. In response to the said letter, the petitioner furnished all the requisite information. On completion of the petitioner's period of probation of two years on 21.09.2016, vide letter dated 14.10.2016, the respondents extended the same for six months. Soon thereafter, the respondents issued an order on 11.11.2016, terminating the services of the petitioner by paying him salary in lieu of the notice period.