SURENDRA SINGH NATHAWAT Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner has again come to this Court as observations made by this Court in its earlier order dated 30/01/2008 in SB Civil Writ Petition No.761/2008 were not accepted and considered by the authorities who had been asked to examine the representation and re-consider case of the petitioner. It was observed earlier by this Court that non-mentioning of the fact regarding criminal case was a technical mistake. However, the authorities on the representation made by the petitioner upheld their earlier order of removal dated 25/10/2007, vide order dated 19/08/2008. Both the orders dated 25/10/2007 and 19/08/2008 have been impugned by the petitioner.

(2.) The main thrust of learned counsel for the petitioner is that the offence for which the petitioner has been implicated in the criminal case were under Section 147, 341, 323, 504 IPC for which FIR was registered in 2000, a compromise had been arrived at at the Panchayat level in the case on 01/06/2004 and mistakenly in the verification form of 7th August, 2004, the petitioner did not mention about the said case. The compromise had been accepted by the Court on 01/11/2004. It is also submitted that the concealment, if any, cannot be said to be a material concealment which would have affected his service in the CRPF as it was relating to petty offence. Moreso, when the matter had already been compromised, the authorities ought to have looked into the matter. Even otherwise, this Court too had earlier made an observation while allowing the petitioner to withdraw his writ petition and make representation to the authorities. In view of above, the petitioner submits that the impugned order dated 25/10/2007 by which the petitioner has been struck off from the strength of 154 Battalion of CRPF and his medals and documents have been forfeited deserves to be set aside. The appellate order dated 19/08/2008also deserves to be set aside on same count.

(3.) Learned counsel for the respondents, however, opposed the same and supported the order passed by both the authorities.