V MUTHUKUMAR Vs. COMMANDANT 13TH BN SSB PIPRAKOTHI

JUDGEMENT

(1.) THE prayer in this Writ Petition is to quash the order of termination-dated 09.10.2006 and for a direction to the first respondent to reinstate the petitioner in service as Constable (GD).

(2.) THE case of the petitioner is that the second respondent conducted recruitment test for the post of Constable (GD) in Sashastra Seema Ball, which is equivalent to Border Security Force. THE petitioner was selected to the post of Constable (GD) and he was allotted with service No.0587975. He was deputed for basic training at Udampur in Jammu and Kashmir for 40 weeks. After the completion of the said training, he is entitled to be posted in any one of Battalion attached to the said Sashastra Seema Ball (hereinafter called as SSB). THE petitioner joined in the said training on 15.01.2005 and during 40 weeks training, he underwent three tests conducted by the respondents and he came out successfully. THE petitioner was given a questionnaire form to be filled up furnishing all the information and the petitioner also filled the same up. On 09.10.2006, the petitioner received a Fax Message from the first respondent, stating, that his service is terminated under sub-rule (1) of the Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965. According to the petitioner, the said order was passed on the ground that he has not disclosed about the pendency of the criminal prosecution against him while filling up the said form.

(3.) THE petitioner challenged the said order of termination in this Writ Petition on the ground that he having been acquitted from the Criminal case and no other charge-sheet or FIR was pending against him, he did not mention anything about the involvement in the Criminal case in the said form and the petitioner having been acquitted in the said Criminal case, there is no justification on the part of the first respondent to pass the impugned order of termination.