UNION OF INDIA & OTHERS Vs. PARVENDRA KUMAR

JUDGEMENT

(1.) The writ petitioner/respondent approached the learned Single Judge by filing WP 8807(W) of 2016 challenging an order dated 29th July, 2015 issued by the Inspector General-cum-Chief Security Commissioner, Railway Protection Special Force, Railway Board, New Delhi, whereby the writ petitioner was discharged from service. The ground on which the discharge order was issued was that the writ petitioner had allegedly suppressed in the attestation form that he filled up that a criminal case had been instituted against him.

(2.) The learned Judge discussed the facts of the case and came to a finding that as on the date of filling up of the attestation form i.e. 15th June, 2014, there was no criminal case pending against the writ petitioner and even there was no FIR wherein the writ petitioner's name appeared. Hence the question of suppressing such fact in the attestation form did not arise.

(3.) Regarding the contention of the Union of India that it was the duty of the writ petitioner to inform the employer about his detention/arrest /prosecution/confinement/conviction/debarment/acquittal etc. if the same took place subsequent to completion and submission of the attestation form, the learned Judge came to a finding that there is no material on record to show that the writ petitioner had contemporaneous knowledge about the FIR being filed wherein he was named as one of the accused. The learned Judge set aside the order of discharge as being without basis and in accordance with the earlier order dated 18th May, 2016 directed release of all benefits to the writ petitioner after his reinstatement. Being aggrieved, the Union of India is before us in this appeal.