ASHUTOSH KUMAR DWIVEDI Vs. UNION OF INDIA

JUDGEMENT

(1.) 1. Brief background giving rise to instant writ petition is that petitioner applied for consideration of his candidature for being appointed as Constable in Central Reserve Police Force, Allahabad initiated by Additional Deputy Director, C.R.P.F, Group Centre, Allahabad. Petitioner qualified all prerequisite test and thereafter petitioner's name was finalized on 30.05.2003 and petitioner was required to submit his joining on 09.06.2003 and was to be sent for training at Recruitment Centre, IV C.R.P.F. Shrinegar. After training was over petitioner submitted his joining and was accorded placement at 8th Battalion at Lucknow. During the training period show cause notice was issued to petitioner on 22.02.2005 mentioning therein that petitioner has not furnished correct information while submitted information qua himself and has made incorrect declaration. In the show cause notice it was mentioned that against petitioner a criminal case being Case Crime No. 486-A of 1998 under Section 336/323/504 IPC was registered and petitioner did not disclose aforesaid fact and when character verification and antecedent exercise was undertaken then from District Collector, Sultanpur information was received of the said criminal case. Petitioner submitted his reply to the said show cause notice on 09.03.2005 and thereafter petitioner was served with notice dated 18.07.2005 by means of which it was mentioned that in pursuance of authority vested of Sub-Rule 1 of Rule 5 of Central Civil Service (Temporary Service) Rules 1965 services of the petitioner shall stand terminated with effect from the date of expiry of one month from the date on which this notice is given to him. Petitioner has contended that thereafter he has been exonerated in the aforesaid criminal case on 30.08.2005. Petitioner has contended that thereafter based on the order dated 18.07.2005 his name has been struck off from the said Unit with effect from 12.09.2005. Petitioner has contended that he represented on 26.09.2005 mentioning therein that there is no criminal case pending and he has no knowledge of the aforesaid criminal case. Petitioner preferred appeal and therein petitioner has contended that action which has been taken against him is not in consonance with the Rules. Petitioner has been informed that matter has been considered and action which has been taken is justifiable action. Revision too had been preferred and said Revision also ended in dismissal. At this juncture present writ petition has been filed.

(2.) Counter affidavit, on behalf of respondents, has been filed and it has been mentioned that services of the petitioner has been dispensed with strictly in consonance with the statutory rules and further in verification roll which was filed by the petitioner, petitioner did not disclose as to whether any criminal case is pending against him. At item no. 12 if the said Form it was specifically stated while answering the aforesaid column as "Not Applicable" as such petitioner suppressed the factual information about his involvement in a criminal case and furnished wrong information under his own signatures. Verification of the character and antecedents is an important criterion to judge the suitability of the selected candidate, hence suppression of material information and making false statement had a clear bearing on the character and antecedents of the petitioner in relation to his continuance in service, as such rightful decision has been taken.

(3.) Supplementary affidavit has also been filed, appending therein copy of the order sheet and based on the same it has been sought to be contended that Order sheet clearly demonstrates that petitioner at no point of time appeared for seeking any kind of relief towards bail etc or for facing trial, and that petitioner has no knowledge of the aforesaid criminal case as such there is no infirmity in the declaration which has been made. After pleadings mentioned above have been exchanged, present writ petition has been taken up with the consent of the parties for final hearing and disposal.