ANIL KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) In the year 2017, the respondents invited the applications for filling up of the posts of Constable/Driver in Central Industrial Security Force (for short 'CISF'). On 20.9.2017, the petitioner after qualifying the physical entrance test, written test and interview was issued and offered appointment vide letter dated 20.9.2017. The petitioner reported for duty and submitted the relevant documents but was not permitted to join and vide letter dated 20.8.2018 the offer of appointment issued by the respondents was withdrawn on the ground that the petitioner at one time had involved in a criminal case in the past.

(2.) Aggrieved by the aforesaid order, the petitioner has filed the instant petition for the following substantive reliefs:

(3.) The respondents contested the petition by filing reply wherein preliminary submissions have been made. It is averred that in the instructions contained in the offer of appointment, it was clearly mentioned that "in case the answer to any question of column No.12 of attestation form is "YES" then he must submit complete details of the case to the Principal, CISF RTC Bhilai immediately by post on receipt of the offer of appointment letter for joining and only on hearing from the Training Centre he will report for Basic Training. It was also mentioned that without forwarding the details in advance and without hearing from Training Centre he will not be allowed to join for the basic training." However, the petitioner did not adhere to the aforesaid instructions and submitted the documents such as Attestation Form dated 03.10.2017, Character and Antecedents Certificate dated 03.10.2017 issued by the SHO, Balh Police Station, District Mandi, H.P., order dated 05.09.2014 passed by learned Judicial Magistrate 1st Class, Court No.2, Mandi, H.P. and Character Certificate issued by the Sub Divisional Officer (Civil), Balh, District Mandi, H.P. It was when these documents were submitted that the respondents came to know that FIR had been lodged against the petitioner vide FIR No.10/2013 dated 08.01.2013 and Police Challan No.116-II-14-13, dated 05.04.2013 under Section 435 of IPC in Balh Police Station, District Mandi, H.P. But the petitioner neither disclosed the above fact in the questionnaire form submitted by him while applying for the post of Constable/Driver in CISF-2016 duly filled by him on 26.10.2016 nor disclosed the same when his medical examination was conducted on 09.05.2017.