SRI SUKDEB MANDAL Vs. UNION OF INDIA

JUDGEMENT

(1.) On February 23, 2011 an employment notice was published by the third respondent inviting application from the public at large for both male and female candidates for filling up the Post of Constables in all the Zonal Railways all over the country.

(2.) Pursuant to and in terms of the employment notice the petitioner in March 2011 applied thereunder for the Post of Constable. On May 31, 2011 a charge-sheet was submitted by the Chakda Police Station before the Learned Magistrate, Kalyani, District- Nadia under Sec. 341, 323, 506 and 34 of the Indian Penal Code against the petitioner and his family members. The petitioner on June 02, 2014 submitted his Attestation Form. On June 18, 2015 the petitioner was declared to be medically fit for the initial course of training at Railway Protection Force (for short, R.P.F) Training Course, N.F. Railways, Domohani and became selected for regular absorption in the Post of Constable, R.P.F, Eastern Railway on June 26, 2015. On July 14, 2015 the petitioner was directed to appear at the Office of the third respondent. He appeared. By an order dated January 20, 2015 passed by the Jurisdictional Magistrate the petitioner was acquitted under Sec. 320 of the Criminal Procedure Code and the relevant bail bond stood discharged, Annexure P- 2 to the writ petition.

(3.) On July 13, 2015 the petitioner was served notice of termination of his service, wherein it was alleged that the petitioner did not disclose the pending police case in the attestation form, which amounted to a false declaration and accordingly on such plea of furnishing false declaration and for suppression of material fact his service was terminated, Annexure P-1 to the writ petition. The petitioner completed his initial training course for a period of nine months, qualified successfully and became eligible for regular appointment at the Post of Constable and accordingly the petitioner reported the R.P.F Headquarter, Eastern Railway on June 26, 2015 for receiving the said appointment.