SUNIL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

(2.) The present writ petition has been filed for quashing the order dated 15.09.2019 passed by the Commandant, BMP-7, Katihar by which the petitioner has been inflicted with the punishment of removal from service. The petitioner has also prayed for quashing of the order dated 28.02.2020 passed by the Deputy Inspector General of Police, Military Police, Northern Zone, Muzaffarpur, whereby and whereunder the appeal filed by the petitioner has been rejected as also the order dated 28.05.2020, whereby and where-under the memorial of the petitioner has also been rejected.

(3.) The brief facts of the case are that the petitioner was selected and appointed on the post of constable in BMP-7 on 10.07.2015. Subsequently, a charge-sheet dated 27.10.2018 was issued to the petitioner wherein charges were framed against the petitioner to the effect that at the time of filling the application form for appointment on the post of constable in pursuance to the Advertisement no. 2 of 2014, the petitioner, in paragraph no. 8 of the character verification declaration form, had mentioned in his own hand-writing that against him no civil or criminal case is pending, however, upon enquiry made by the respondents, it has transpired that the petitioner is an accused in Akbarpur P.S. Case No. 61 of 2014, dated 17.3.2014, under Section 147, 148, 149, 448, 323, 378, 307, 344 and 504 of the Indian Penal Code, hence he has misled the department and obtained employment, thus it is apparent that the petitioner had given false information and had engaged in cheating and fraudulent behaviour.