RATAN LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE instant petition has been filed challenging the order of discharge dated 31.3.1994 (Ann. 4) from Boarder Security Force (hereinafter called B.S.F.).

(2.) THE factual gamut of the case reveals that at the time of entering into service the petitioner was asked to fill up the form which contained a clause for furnishing information specifically whether he had ever been involved in a criminal case or not. The petitioner replied in no. On the basis of the said form the petitioner's candidature was considered and he was enrolled in B.S.F. a disciplined force. On verification from the Collector. Jodhpur, it came to the knowledge of the respondents that the petitioner had been involved in a criminal case and after getting this report a show cause notice was issued to him and after considering his reply he was discharged from service vide order dated 31st March 1994 contained in Ann. 4 to this writ petition. Hence this petition.

(3.) THUS , in view of above, the petitioner is not entitled to claim benefit under the provisions of Section 12 of the Probation Act and the case remains that the petitioner entered into service by making mis -representation that amounts to fraud.