UNION OF INDIA Vs. NARESH KUMAR

JUDGEMENT

(1.) INSTANT intra -court appeal has been filed against order of the ld. Single Judge dt. 20/05/2011.

(2.) IT is a hard case where the respondent had participated in the process of selection held for the post of Constable, on finding him suitable was sent for training and while undergoing training he was served with a notice dt. 08/09/2005 as to why his services may not be terminated primarily for the reason that benefit of probation was granted to him for the alleged offence which he committed u/s. 3/6 of the Rajasthan Public Examination Act, 1992 was not disclosed by him in the application form which he initially filled and taking note thereof his services were terminated vide order dt. 07/10/2005 against which he filed a departmental appeal which also came to be dismissed vide order dt. 07/12/2006 and that came to be challenged by filing of writ petition before the ld. Single Judge of this Court. After the matter was heard, the ld. Single Judge, while relying upon judgment of the Apex Court rendered in the case of Commissioner of Police & ors. Vs. Sandeep Kumar arising out of Civil Appeal No. 1430 of 2007, decided on 17/03/2011, was of the view that the nature of offence as alleged to be committed by him u/s. 3/6 of the Rajasthan Public Examination Act, 1992 and so also the fact that he was granted benefit of probation, if considered in totality, could not have come as an impediment which could deprive the respondent of seeking public employment and selected after undergoing the process of selection.

(3.) IN our considered view, withholding of information and suppression of fact or misstatement of fact are different terms and fact not disclosed that for the alleged offence u/s. 3/6 of the Act, 1992 and was granted benefit of probation, may be distinct from suppression/concealment of fact and this what the ld. Single Judge also considered while passing the order impugned.