PARTHA BISWAS Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has prayed for setting aside and/or quashing the discharge order dtd. 26/2/2021 passed by the Principal Chief Security Commissioner, RPF, South Eastern Railway.

(2.) Petitioner, after completion of basic training (Phase I of Initial Training), was undergoing provisional training at Police Training Academy Jaipur with effect from 10/2/2021. The Principal, Chief Security Commissioner, RPF, South Easter Railway being the fourth respondent issued a discharge order from the said training and cancelled the candidature of the petitioner for appointment as a Constable (Band) in RPF with immediate effect on the ground that he had suppressed the factual information in the Attestation Form.

(3.) Mr. Chakraborty, learned advocate appearing for the petitioner submitted that the petitioner in the attestation form disclosed that a criminal case was pending against him in a court of law. He, therefore, submitted that the allegation leveled against the petitioner that he had suppressed information regarding registration of criminal case is without any basis. Mr. Chakraborty submitted that for determining suppression the attestation form has to be specific. It is only such information which was required to be specifically mentioned has to be disclosed. In support of such contention Mr. Chakraborty placed reliance upon a decision of the Hon'ble Supreme Court in the case of Avtar Singh vs. Union of India and ors. reported at (2016) 8 SCC 471. Mr. Chakraborty further submitted that the authorities ought to have considered the nature of the criminal case while examining the availability, suitability of the incumbent. In support of such contention he placed reliance upon a decision of the Hon'ble Supreme Court in the case of Pawan Kumar vs. Union of India and ors. reported at 2022 SCC Online SC 532.