GOBIND KUMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the parties.

(2.) The present writ petition has been filed for the

(3.) The brief facts giving rise to the present writ petition are that the petitioner, being eligible for appointment on the post of Constable, submitted his application for being appointed as a Constable (General Duty) in the Sashstra Seema Bal ( hereinafter referred to as SSB). Pursuant thereto, he was called for physical, written and medical examination, for the purposes of a selection, which was held at 12 th Battalian of SSB, Kisanganj Bihar. The petitioner was selected and vide letter no. 32164-32165 dtd. 17/10/2011 issued under the signature of Commandant, Directorate General, SSB, New Delhi the petitioner was appointed as Constable (General Duty) in the pay Band of Rs.5200.0020200/- plus grade pay of Rs.2000.00 (PB-1) alongwith other applicable allowances, as admissible to the Central Government Employees. Accordingly, the petitioner gave his joining before the Commandant, Uttar Pradesh on 15/11/2011. As per the appointment letter dtd. 17/10/2011, the petitioner was to give an undertaking, at the time of joining with regard to the fact that if any adverse report with regard to character and antecedent would come to the knowledge during verification and in the event of furnishing false or incorrect information, at the time of appointment or any fact or statement mentioned by the candidate in the verification form, being found false or incorrect or any adverse finding being reported against him, his service shall be liable to be terminated without assigning any reason. In compliance of the said condition mentioned in the appointment letter, the petitioner reported before the Commandant, Girijapuri (U.P.) on 12/11/2011 alongwith original certificates and duly filled up form which contained necessary information, including the clause-12 of the attestation form dtd. 12/11/2011. During course of verification of the antecedents/credentials/character of the petitioner, it came to the knowledge of the authorities, that Sahar P.S. Case No. 99 of 2004 and Sahar P.S. Case No.129 of 2005 was pending against the petitioner. It is the case of the petitioner that when the criminal cases were lodged against the petitioner, he was a minor and therefore, there was no case pending against the petitioner in the eyes of laws. A show cause notice was issued to the petitioner on 27/7/2012, with regard to giving incorrect information of pendency of criminal case against him. The petitioner duly submitted his reply to the show cause notice issued to him, however, without initiation of any proceeding, the petitioner is said to have been terminated by the order contained in letter No.ESSTT.11/43RD BN/SSB/ESTT/PR(GKS)'12/13507-17 dtd. 28/8/2012 issued under the signature of the Commandant, 43 rd Battalian, SSB, Jeolikote as per Rule 23 of the SSB Act and Rules, 2009 with immediate effect. The petitioner filed statutory appeal before the appellate authority however, the same was also dismissed, without considering the defence taken by the petitioner in his memo of appeal vide order No.G-164-C&A/Appeal/GKS/43 rd Bn/- 7047-50 dtd. 29/5/2013 issued under the signature of the DIG Sector Headquarter, SSB, Pilibhit.