NAPEES MOHAMMAD Vs. DIRECTOR GENERAL

JUDGEMENT

(1.) With the consent of learned counsel for the parties, the matter is finally heard.

(2.) Appellant having participated in the process of recruitment for the post of Constable/GD in Central Industrial Security Force(CISF) in the Combined Recruitment notified through Staff Selection Commission, cleared its all stages, viz, Physical Test, Written Examination and Medical Test, was given the offer of appointment vide Communication dated 27/03/2012. On 04/04/2012, the Appellant was called upon to fill Attestation Form wherein paragraph 12(b) he was required to give the disclosure as to any criminal case against him in the past or in present. The petitioner concealed the fact of his being tried for the offences punishable under Sections 324 , 323 , and 504 IPC. That an explanation was sought from the Appellant by Commandant, CISF Unit VSSC, Thumba on 25/07/2013. The Appellant submitted his reply on 26/07/2013 wherein he admitted the fact of being prosecuted in the criminal case wherein he was acquitted. It was further stated in reply that because of lack of knowledge of English, he could not understand the requirements (This statement of the Appellant is contrary to facts on record. The Attestation Form brought on the record of Writ Petition as Annexure P/2 is in bilingual, both in English and Hindi, and the petitioner has filled the entire form in Hindi). The Appointing Authority in exercise of powers vested under Proviso of Sub- Rule(2) of Rule 25 of Central Industrial Security Force Rules terminated the services of the Appellant vide order dated 31/08/2013. Whereagainst Appellant preferred an Appeal which was also dismissed on 17/10/2013. Representation preferred to the Director General/CISF was dismissed on 06/01/2014.

(3.) These orders of termination and its affirmation in Appeal came to be challenged by the Appellant in Writ Petition No.3660/2014, which was dismissed on 17/06/2016. Learned Single Judge held: