CHANDRA SHEKHAR PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Shri M.P. Dixit, learned counsel for the petitioner and Shri S.D. Sanjay, learned Additional Solicitor General of India assisted by Shri Kumar Priya Ranjan.

(2.) Learned counsel for the petitioner relying on the Constitution Bench judgment in the case of Mohinder Singh Gill & Anr. Vs. The Chief Election Commissioner, New Delhi & Ors., 1978 AIR(SC) 851 contends that the impugned order cannot be supplemented by any reasons contained in the counter affidavit filed before this Court. His foundational argument therefore is that non-supply of reasons in the order dispensing with the services of the petitioner and cancelling his candidature cannot be on the strength of a reason which has been brought forth through the counter affidavit.

(3.) The bare minimum facts which are evident from the pleadings on record appears to be that in the Attestation Form, with regard to the employment of the petitioner for the post of Assistant Central Intelligence Officer in the Intelligence Bureau, did not contain full particulars of his previous employment in the Intelligence Bureau Department itself where he had been earlier employed where his services had been terminated.