ASHU VERMA Vs. STATE OF HP

JUDGEMENT

(1.) Writ petitioner is the appellant. The writ petition was filed (originally as Application before the Tribunal) challenging Annexure A-9, order, dated 5.3.2007. As per Annexure A-9, the third respondent, Commandant, 1st India Reserve Battalion, Bangarh, District Una, H.P. terminated the petitioner from the service in the police department. The petitioner had been appointed as Constable on 4.4.2006 in the battalion after all the codal formalities. The petitioner had appeared for selection for recruitment of Constable in the district of Bilaspur, held w.e.f. 15.9.2005 to 22.9.2005. He was waitlisted among the candidates for general category. It appears, the petitioner had subsequently appeared in the test, held from 14.10.2005 to 28.10.2005 in district Kangra. However, he was not selected. He was thereafter selected from the waitlisted candidates of Bilaspur. At the time of appointment, he had given an affidavit, dated 21.3.2006 that he had not appeared in the recruitment process in any other district in Himachal Pradesh. When it was found that he had appeared in Kangra district also, a show cause notice was issued and in reply, the petitioner informed the Commandant that he had not appeared for any selection in any other district, prior to the selection in Bilaspur. However, without analyzing the actual issue, the petitioner was terminated from service as per impugned Annexure A-9, order, dated 5.3.2007. The only reason for terminating the petitioner is that he had filed false affidavit before the appointing authority to the effect that he had not participated for selection in any other district.

(2.) Learned Single Judge dismissed the writ petition on the ground that the petitioner had appeared for selection in two districts and that fact had been suppressed in the affidavit submitted at the time of appointment.

(3.) The crucial contention of the appellant is that he had not filed any false affidavit before the appointing authority. In order to appreciate the contention, it is necessary to refer again to the date of selection conducted at Bilaspur and Kangra. The Bilaspur selection is conducted between 15.9.2005 and 22.9.2005. It is in that selection, the petitioner had initially been waitlisted and thereafter selected. The Kangra selection is between 14.10.2005 and 28.10.2005. It is to be specifically noted that the action taken against the petitioner is not for filing any false statement in respect of selection in Kangra. No doubt, in the application for selection in Kangra district, the petitioner had certified that he had not appeared for recruitment for police Constable in any other district. The sanction for that certification is that he would be disqualified for the selection in respect of that district and legal action at any stage. At the risk of redundancy, we may state that proceedings are initiated against the petitioner and it is the argument also of the learned Additional Advocate General that termination is only on account of the false affidavit filed at the time of joining duty.