STATE OF M.P. Vs. JITENDRA KUMAR RASTOGI

JUDGEMENT

(1.) IN this writ petition under Article 227 of the Constitution of India, the Petitioners are challenging the order dated 6 -10 -2000 passed by the Respondent No. 2 vide Annexure P/1, whereby the learned Tribunal quashed the termination order dated 28 -9 -1998, by which service of the Respondent No. 1 was terminated on the ground that he suppressed the material information in column No. 12 Ka' and 'Kha' of the character verification form in regard to verification of character and antecedents about the pendency of criminal cases or any criminal case lodged against him at any point of time in the Court of law.

(2.) BRIEF facts of the case are that the father of the Respondent No. 1 was in the employment of Petitioners department. After the death of the father of Respondent No. 1 he applied for compassionate appointment as per policy of the Petitioners. The Petitioners considered the case of the Respondent No. 1 for appointment of compassionate appointment and provided him appointment on the post of Assistant Grade III vide order dated 20 -12 -1996 (Annexure A/1). As per condition No. 3 of the appointment order, if in police verification he received any adverse remark then his service shall be terminated forthwith without giving any prior notice to him.

(3.) COLUMN 12 Ka' and 'Kha' as filled up and declaration are very material, reads as under: