AVTAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was enlisted as a Constable (GD) in the Central Reserve Police Force on 24.08,1994 at Nahan (Himachal Pradesh). He reported for duty at GC CRPF, Pinjore on 27.08.1994. He was undergoing training when abruptly his services were terminated by the Additional Deputy Inspector General of Police, CRPF-respondent No. 3 vide order dated 24.08.1995 (An-nexure P-1). On seeking information, the petitioner was informed orally that the petitioner has failed to disclose the information that a criminal case was registered against him under Sections 324, 323 and 34 IPC in Police Station, Una (Himachal Pradesh) and he had been acquitted by the Judicial Magistrate 1st Class, Una, vide order dated 02.05.1994.

(2.) The petitioner aggrieved by the order dated 24.08.1995, preferred an appeal before respondent No. 2. Along with the appeal, the petitioner also supplied the photocopies of the judgment dated 02.05.1994 passed by the Judicial Magistrate, 1st Class, Una in a criminal case registered against the petitioner, in which he was acquitted. The said appeal was dismissed by respondent No. 2 vide order dated 24.04.1996 (Annexure P-9).

(3.) Counsel for the petitioner challenges the orders dated 24.08.1995 and 24.04.1996 being non-speaking and not disclosing any reason for termination of the services of the petitioner. He contends that the impugned orders cannot be sustained as they have been passed without assigning any reason or ground for termination of the services of the petitioner. Nothing has been conveyed to the petitioner with regard to the reasons for termination of his services. His further contention is that the petitioner has not been given any information which would have misled the respondents or in any manner affected the right of the petitioner for appointment to the post of Constable. He contends that an FIR was registered against the petitioner on 28.10.1992, in which, after trial the petitioner was acquitted on 02.05.1994. The verification form was filled by the petitioner on 09.12.1994 and on the said date, there was no criminal case pending against him as he stood acquitted on 02.05.1994. The State preferred an appeal against the order of acquittal dated 02.05.1994 in the Hon'ble High Court of Himachal Pradesh, Shimla in the year 1995 being Criminal Appeal No. 254 of 1995, which came to be decided by the Court on 08.04.1997 and the same was dismissed by the High Court. He submits that on the date when the verification form was filled by the petitioner, the information, as supplied by him, was true and correct to his knowledge as from the date of his acquittal i.e. 02.05.1994 till the date of filling in of the verification form i.e. 09.12.1994, the State had not preferred any appeal against the order of acquittal as the appeal was preferred in the year 1995 only. He, on this basis, submits that the orders of termination of the services of the petitioner and dismissal of the appeal by respondent No. 2 are not in accordance with law. He, therefore, prays that the order dated 24.08.1995 (Annexure P-1) passed by respondent No. 3 and order dated 24.04.1996 (Annexure P-9) passed by respondent No. 2 deserve to be set aside and the petitioner be reinstated in service with all consequential benefits.