SANDEEP KUMAR SON OF SHRI BHAGWAN SINGH, AGED 30 YEARS Vs. UNION OF INDIA THROUGH SECRETARY, MINISTRY OF RAILWAY, GOVERNMENT OF INDIA, RAIL BHAWAN, NEW DELHI

JUDGEMENT

(1.) With consent of the parties, writ petition has been heard finally.

(2.) By this writ petition, a challenge is made to the orders dated 15.06.2015. The petitioner was selected on the post of Constable thus, was sent for training. He was rendered ineligible alleging incorrect statement of facts in the affidavit dated 21.10.2014. It is pertaining to arrest in the criminal case and prosecution therein. The petitioner denied arrest in the criminal case or its pendency by submitting an affidavit on 21.10.2014. On the Police verification, the case was found against the petitioner. The selection of the petitioner was thus cancelled.

(3.) Learned counsel submits that petitioner had disclosed the fact about pendency of the criminal case and arrest therein while submitting attestation form on 11.06.2014. The petitioner had given another affidavit indicating that he has been acquitted in Case No.118/2006 by giving benefit of doubt and in Case No.45/2004, a penalty of Rs.500/- was imposed vide order dated 12.09.2011. Despite the aforesaid affidavit, the petitioner was again asked to submit affidavit. As per instruction, petitioner had given out that no case is pending against him thus, he may be given appointment. On the basis of subsequent affidavit dated 21.10.2014, the petitioner has been rendered ineligible. The act of the respondents is not legal as it cannot be said to be a case of suppression of fact so as to deny appointment after completion of training.