KISHAN PASWAN Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The petitioner has assailed the order dated 20.04.2020 passed by the respondent No.4-I.G.-cum- Principal Chief Security Commissioner / RPF N.C. Railway, Prayagraj. The impugned order cancels the appointment of the petitioner on the foot that he had suppressed information about the criminal case pending against him while filling up the Attestation Form.

(2.) Sri Bholeshwar, learned counsel for the petitioner submits that the contents of the affirmation made by the petitioner in the Attestation Form and non disclosure of the criminal case pending against him are not disputed. He, however, contends that the respondent No.4 misdirected himself in law by overlooking the fact that the petitioner was being tried for an offence as a juvenile. The case of the petitioner is covered by the law laid down by this Court in Rajiv Kumar Vs. State of U.P. and another, reported at 2019 (4) ADJ 316. The impugned order is arbitrary, illegal and violative of fundamental rights of the petitioner guaranteed under Articles 14, 16 and 21 of the Constitution of India.

(3.) Per contra, Sri Anand Kumar Roy, learned counsel for the Railways - respondents submits that the pendency of a criminal case and the suppression of the same in the Attestation Form by the petitioner are admitted. The offence against the petitioner was not of a trivial nature, and moreover the petitioner had been convicted by the learned trial court. He is not suitable for appointment in a disciplined force like the Railway Protection Force (RPF) and his candidature was lawfully invalidated. The impugned order is not liable to be interfered with.