RAJ KUMAR Vs. UNION OF INDIA & OTHERS

JUDGEMENT

(1.) This Special Appeal has been filed under Chapter VIII Rule 5 of the Allahabad High Court Rules for setting aside the judgment dated 26 Sept. 2003 of a learned Judge of this Court by which Writ Petition No.9080 of 2003 that was filed by the appellant was dismissed.

(2.) The petition had been filed to assail the order dated 17 Jan. 2003 passed for dismissal from service of the appellant who had earlier been enrolled as a Constable in the Border Security Force on 5 March 2002 for the reason that he had made a false declaration in the enrolment form submitted at the time of enrolment that he had not been arrested. It was specifically stated in the enrolment form that if after the enrolment it was found that the applicant had wilfully given a false answer to any of the first 12 questions contained in Part-A, he could be punished as provided under the Border Security Forces Act, 1968.

(3.) Question No.12 contained in the enrolment form is as follows :