SURENDRA SINGH YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Petition has been filed for quashing the order dated 31st October, 1998 by which the services of the petitioner who had been selected as a 'Constable (Recruit)' on temporary basis in the Central Reserve Police Force (hereinafter referred to as the 'CRPF') have been terminated under the provisions of Rule 5(1) of The Central Civil Services (Temporary Service) Rules, 1965 (hereinafter referred to as the 'CCS (Temporary) Rules').

(2.) The petitioner was selected on temporary basis in the Central Reserve Police Force as a Constable (Recruit) by means of the letter dated April, 1998. While submitting the application form for seeking the aforesaid appointment, the petitioner filled up the Verification Roll as was required under Rule 14(b) of the Central Reserve Police Force Rules, 1955 (hereinafter referred to as the CRPF Rules). The relevant portions of the Verification Roll filled up by the petitioner are quoted below: WARNING: The furnishing of false information or suppression of any factual information in the Verification Roll will be a disqualification and is likely to render candidate unfit for employment under the Government. If detained, convicted, debarred etc., subsequent to the completion and submission of this form, the information should be communicated immediately to the Union Public Service Commission or the authority to which the Verification Roll has been sent earlier, as the case may be, failing which it will be deemed to be suppression of factual information. If the fact that false information has been furnished or that there has been suppression of any factual information in the Verification Roll comes to notice at any time during the service of a person, his services would be liable to be terminated. 12(a) Have you ever been arrested, prosecuted, kept under detention or bound down/fined, convicted, by a court of law for any offence or debarred/disqualified by any Public Service Commission from appearing at its examination/selection, or debarred from taking any examination/rusticated by any University or any other education authority/Institution? (b) Is any case pending against you in any court of law, University or any other education authority/institution at the time of filling up this Verification Roll? If answer to (a) or (b) is 'Yes' then give details of prosecution, detention, fine, conviction and punishment etc. and state about the case pending with the court/University'/education authority at the time of filling in this form. Please also see the 'Warning' at the top of this Verification Roll. I certify that the foregoing information is correct and complete to the best of my knowledge and belief. 1 am not aware of any circumstances which might impair my fitness for employment under Government. ...Signature of the Candidate

(3.) The verification of the character and antecedents of the petitioner was made through the District Magistrate, Ghazipur as required under Rule 14(a) of the CRPF Rules. The District Magistrate by his letter dated 20th August, 1998 forwarded the report of the Superintendent of Police, Ghazipur which mentioned that Criminal Case No. 458 of 1997 under Sections 323/325/504 of the Indian Penal Code was pending against the petitioner in the Court of Additional Chief Judicial Magistrate, Ghazipur. Upon receipt of the aforesaid information the order dated 31st October, 1998 was issued by the Competent Authority under the provisions of Rule 5(1) of the CCS (Temporary) Rules read with Rule 16 of the CRPF Rules by which the temporary services of the petitioner were terminated forthwith. It is this order that has been impugned in the present petition.