SATYA PRAKASH PACHAURI Vs. DIRECTOR GENERAL

JUDGEMENT

(1.) No one appears for the rival parties, presumably because of the call given by the M. P. High Court Bar Association to the Advocates to abstain from Court work.

(2.) The instant Intra-Court Appeal under section 2(1) of Madhya Pradesh Uchcha Nyayalaya (Khandpeeth Ko Appeal) Adhiniyam, 2005 assails the final order dated 9-3-2017 in W.P. No. 4533/09 passed by the learned single Judge dismissing the petition in question assailing the order of termination from service on the ground of suppression of material fact in the character verification of having been prosecuted in connection with offences punishable under sections 307, 323 , 294, 336 read with 34, Indian Penal Code.

(3.) Bare facts giving rise to the dispute before the writ Court was that after being appointed as a constable in the Indo-Tibetan Border Police Force (ITBP for brevity) by order dated 3-7-2007, the petitioner joined duties on 14-7-2007 and while he was working on the said post in 37 Bn. ITBP 26 Sector Panchkula (Haryana), a show-cause notice dated 30-8-2008 was issued vide P/4 calling upon the petitioner to show-cause as to why action be not taken against him for having suppressed information in his character verification form or of having been prosecuted for offences punishable under sections 307, 323, 294, 336 read with 34, Indian Penal Code bearing Crime No. 9/04 registered at police station Pichhore, District Shivpuri (M.P.). The petitioner submitted his response where after another show-cause notice dated 23-3-2009, vide P/5 was issued by the respondent No. 3 asking the petitioner to show-cause as to why his services be not terminated by invoking provisions of Rule 17(4) of the Indo-Tibetan Border Police Force Rules, 1994 (for brevity the Rules of 1994) for having suppressed the said information of criminal prosecution (supra) at the time of filing up of verification form. The petitioner vide P/6 responded by admitting the fact of having been prosecuted in the said offence but revealed that the trial ended in acquittal vide order dated 18-1-2008 in Criminal Case No. 95/04 rendered by the Court of Principal Magistrate Juvenile Justice Board, Guna (vide P/8).