LAWS(DLH)-2019-12-114

DINESH YADAV Vs. UNION OF INDIA

Decided On December 13, 2019
DINESH YADAV Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This petition seeks the quashing of an office order dated 26th July, 2007 terminating the services of the Petitioner as Sepoy/Tailor in the Central Reserve Police Force ("?CRPF"?) and the further order dated 20th May, 2014 rejecting his appeal.

(2.) The background facts are that the Petitioner was enlisted in the CRPF as Sepoy/Tailor on 23rd November, 2006 and sent for basic training between March and May, 2007. In the meanwhile, the Respondents enquired about the previous history and character certification of the Petitioner from the District Magistrate, District Jhajhar, Haryana. They were informed by the Superintendent of Police, District Jhajhar that Case No.21 dated 6th February, 2004 had been pending against the Petitioner and others under Sections 323, 324 and 325 IPC at Police Station Beri, District Jhajhar. On that basis, the services of the Petitioner were terminated by the impugned order dated 26th July, 2007.

(3.) By a judgment dated 26th November, 2013 of the Additional Chief Judicial Magistrate Judge, the Petitioner was acquitted in the aforementioned criminal case. Thereafter, the Petitioner filed an appeal before the Director General, CRPF seeking his reinstatement which was rejected by the order dated 20th May, 2014. While rejecting the said representation, it was noted that under columns 12(a) and (b) in the attestation form, the Petitioner had failed to mention about the pendency of the aforementioned criminal case. Consequently, the representation was rejected.