DIGVIJAY SINGH JAGDAMBA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is aggrieved by the order dated 25.10.2005 whereby he has been disqualified and rendered unfit for employment as a constable by the Railway Protection Force on the ground that the petitioner had concealed the fact of his involvement in criminal cases at the time of filling up the attestation form for character and antecedent verification.

(2.) From a perusal of the admitted facts on record, it is evident that the petitioner had filled up the form on 17.7.2005. On the said date there were criminal cases pending against the petitioner being case crime No. 11/98, case crime No. 4024/04, case crime No. 89/95 and case crime No. 5140/97. The petitioner admits having filled up the declaration form by clearly answering the said column in the negative.

(3.) In defence the petitioner contends that none of the cases in which the petitioner was involved were of a nature which involved moral turpitude and that he was less educated and belongs to a rural back ground hence he did not understand the consequences of non filling up the form correctly. The main defence set up in the present writ petition is that the petitioner was ultimately acquitted in all the criminal cases on 20.7.2005 and 29.7.2005 and 14.7.2003 by the court concerned and has filed copies of the said judgment as Annexures 3, 4 and 5 to the writ petition, On the basis of the aforesaid facts it is urged on behalf of the petitioner that he cannot be denied appointment.