UNION OF INDIA Vs. AJIT SINGH

JUDGEMENT

(1.) Through instant appeal under clause X of Letters Patent of this Court, the Appellant-Union of India is seeking reconsideration of judgment dtd. 13/9/2019 passed by learned Single Judge of this Court in CWP No.7688 of 2016 whereby learned Single Judge had set aside termination order dtd. 24/2/2012 (Annexure P-2) and 10/4/2019 (Annexure P-4) and directed appellants to reinstate the respondent-writ petitioner in service with consequential benefits.

(2.) The brief facts emerging from record and which are necessary for the adjudication of present appeal are that the respondent was enlisted in Central Reserve Police Force (CRPF) as a Constable/Bugler in the year 2010 and he was deputed for training at Recruit Training Centre of CRPF at Neemuch. The respondent was allocated to Group Centre, CRPF, Jalandhar (Punjab) under 127 Battalion CRPF. The respondent in verification roll (CRPF 25) dtd. 4/5/2011 stated that he has never been arrested, prosecuted, kept under detention by the Court of law for any offence. It is apt to mention here that in CRPF 25 there is a specific column i.e. serial No.12 wherein a candidate is required to disclose about his criminal antecedents. Column No. 12 along with reply of the respondent is reproduced as below :-

(3.) The appellant in terms of Rule 5(1) of Central Civil Services (Temporary Services) Rules, 1965 (for short '1965 Rules') under the signature of Commandant, issued to respondent a notice of termination dtd. 24/2/2012 (Annexure P-2). The respondent vide representation dtd. 16/3/2012 submitted his stand wherein he contended that he belongs to a very poor family and after long struggle and hard work has got the present employment which is very precious to him and a mean of resources for the basic needs of the family. He has falsely been implicated in FIR No. 142 dtd. 14/8/2010 under Ss. 148/147/323/324/325/326/452/506 of IPC. The FIR was registered on the basis of false allegations and there is no evidence to connect him with the alleged offence and it was registered with malafide intention and just to involve him in a criminal case. No explanation whatsoever has been sought from him regarding the circumstances in which he has given declaration that there was no criminal case against him. The termination without granting opportunity of hearing is in violation of principles of natural justice. Rule 5 (1) of 1965 Rules for the ready reference reads as under :-5. Termination of temporary service.