KAPTAN YADAV Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) This petition lays challenge to an order dated 30th March, 2009 made by the respondent No. 2. In terms of the impugned order the enlistment of the petitioner as a Constable in the Railway Protection Force (R.P.F.) came to be cancelled consequent to the authorities coming to know of the involvement of the petitioner in Crime No. 31 of 2004 under Sections 376, 341, 323 I.P.C. and Case Crime No. 263 of 2006 under Sections 147, 323, 324, 504 and 506 of Indian Penal Code. The impugned order records that although the petitioner had been acquitted in the two cases referred to above, since the same amounted to the petitioner having concealed material facts, his appointment was liable to be cancelled. The impugned order on the above premise proceeds to cancel the appointment of the petitioner.

(2.) Aggrieved by the above action, this writ petition came to be filed and this Court while entertaining the same was pleased to pass the following order:

(3.) A reading of the said interim order discloses that it was contended before this Court that the declaration form did not require the petitioner to give any details with regard to the pendency of criminal cases against him. The Court also based its prima facie view on Annexure 4 to the writ petition which the petitioner contended was the declaration which was filed by him at the time of applying for the post.