HARI PARSAD Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner has approached this Court praying for issuance of a writ of certiorari for quashing the order of his termination dated 24.10.1998 (Annexure P-2), which was passed on the ground that the petitioner had not disclosed the fact of registration of an FIR against him on the date he was appointed and for non-disclosure of correct information, his services have been terminated.

(2.) Petitioner was appointed as a Constable/Driver in CRPF on 06.09.1994. An FIR No. 231 under Sections 323, 325, 34 IPC, Police Station Bahadurgarh, District Jhajjar dated 31.08.1994, was registered against the petitioner along with two others. While submitting his character certificate form, he did not disclose the details about the registration of the FIR against him. In pursuance to this, respondents proceeded to verify the character antecedents of the petitioner. It is at this stage that it came to the notice of the respondents that an FIR stands registered against the petitioner.

(3.) Accordingly, a charge-sheet was issued to him, which was followed by a response submitted by him, which was found to be not satisfactory leading to the holding of a regular departmental enquiry against him. The Enquiry Officer, after giving the petitioner due opportunities, returned findings against him holding him guilty of not disclosing the true facts at the time of his joining duty with regard to the pendency of the FIR against him. On exercising the powers, the punishing authority issued a show cause notice to the petitioner, to which the petitioner responded. The same was taken into consideration by the punishing authority but the punishing authority did not agree with the contentions raised by the petitioner leading to the passing of the order of termination of the petitioner dated 24.10.1998. Petitioner preferred an appeal against the order of termination, which is pending consideration with the respondents.