SANTOSH KUMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The appeal was heard on 18th February, 2021 when Mr. Gupta, learned advocate appearing on behalf of Union of India handed up attestation form filled up and submitted by appellant at time of spot recruitment of, inter alia, constable recruits. He had submitted, the attestation form says furnishing false information or suppression of any factual information would be a disqualification and likely to render the candidate unfit for employment under the Government. The form was signed by appellant on 27th January, 2009. There was an incident, by which appellant's wife died. The incident and death happened on 16th February, 2009. Mr. Gupta had pointed out that the police had made endorsement on 21st December, 2009 in the form. The noting in Hindi was read out by him. We understand that information of a criminal investigation against, inter alia, appellant was given along with further information that appellant was absconding. Mr. Majumdar, learned advocate appearing on behalf of appellant, did not dispute the attestation form. We by our order dated 4th March, 2021 said that we treat the attestation form, an admitted document, as additional evidence in the appeal, to enable us to pass judgment.

(2.) The facts are, the attestation form was signed by appellant on 27th January, 2009. The incident and death of appellant's wife took place on 16th February, 2009. As such, there cannot be said to be any false information or suppression by appellant as in the attestation form, filled up before the incident. The endorsement was made on 21st December, 2009. Appellant having had successfully undergone training was awaiting appointment to the force when by order dated 23rd April, 2010, he was discharged. It appears that he surrendered soon after he received said order discharging him. The criminal investigation culminated in trial and judgment dated 23rd September, 2015, passed by Court of Additional Sessions Judge, Saran at Chapra. Appellant was in custody and by the judgment, acquitted and directed to be released.

(3.) Order dated 23rd April, 2010 refers to rules 52.2 and 67.2 in Railway Protection Force Rules, 1987. Rules 52.1, 52.2 and 67.2 are reproduced below:-