BHABESH DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. B. Choudhury, the learned counsel appearing for the writ petitioner and Ms. R Devi, the learned counsel appears for the respondent No.4.

(2.) This is a second round writ petition filed by the petitioner, the earlier writ petition being WP (C) No. 2686 of 2013.

(3.) The petitioner responded to the Advertisement floated by the respondent authorities for the post of Constable (GD) under the Central Industrial Security Force and he accordingly appeared for the physical test and written test held on 6.6.1994 and 19.6.1994 respectively. The petitioner was thereafter provisionally appointed by the respondent as Constable GD (vide communication dated 19.6.1995). Prior to his appointment the petitioner on 21.6.1994 signed the attestation form whereby he had given an undertaking that no criminal case was pending against him. However, an FIR was lodged against the petitioner on 19.8.1994 and a criminal case was instituted against him. This came into light while verifying the antecedent of the petitioner whereby the Deputy Commissioner, Kamrup, Guwahati had written to the Deputy Inspector CISF stating that a case vide Hajo PS Case No. 220 of 1994 under Section 147/148/149/447/326/302 IPC was registered against the petitioner and others and the case was sub-judiced before the Court. Thereafter the respondent issued a notice upon the petitioner on 26.12.1995 in exercise of the power conferred by paragraph -2 (a) of the form of agreement executed by him under Rule-15 of the CISF Rules, 1969 for terminating his service by giving him a month's notice. It was further provided that upon expiry of the one month notice, the petitioner shall deemed to be no more in service in the CISF.