IKTISAR ALI ABDUL HAMEED Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has preferred this writ petition making the following prayers :-

(2.) The facts as noticed by this court in this writ petition are that the case was filed against the petitioner under Sec. 323, 341 and 147 of Penal Code on 13.10.1994. On 1.5.1995, the petitioner was acquitted in the offences under Sec. 323 and Sec. 341 of Penal Code on account of a compromise between the parties. However, vide order dated 1.5.1995, the petitioner was convicted under Sec. 147 of Penal Code on account of voluntary admission by the petitioner but the learned court gave him the benefit of probation under the probation of Offenders Act, 1958.

(3.) The petitioner was thereafter appointed as a constable in the respondents department on 4.9.1995. The petitioner was served a charge-sheet on 17.1.1998 with allegation of committing an act of misconduct under Sec. 11(1) of CRPF Act of 1949. The allegation was that the petitioner had suppressed and concealed the fact about his involvement in a criminal case for offence under Sec. 147 Penal Code at the time of joining the services. The respondents imposed a penalty of dismissal on 18.5.1998 after conducting the proceedings in accordance with law. The petitioner preferred an appeal which was also rejected on 18.9.1998 and thereafter, a revision petition which was also rejected vide order dated 11.5.1999. The respondents filed a detailed reply and stated that the suppression/concealment was a serious issue and thus the petitioner has been rightly dismissed from service. The respondent also stated that all proceedings had been held strictly in accordance with law.