K JAYA KUMAR Vs. CENTRAL INDUSTRIAL SECURITY FORCE

JUDGEMENT

(1.) HEARD the learned counsel appearing for the parties and perused the documents on record.

(2.) THE brief facts of the case are that, the petitioner was appointed as Constable on 12.11.2009 in the Central Industrial Security Force (CISF) and he was placed on probation for a period of two years. After completion of basic training at RTC, Deoli II from 12.11.2009 to 27.06.2010, the petitioner reported at CISF Unit, CCL, NK and Piparwar on 30.06.2010 on regular posting. The service of the petitioner was terminated by order dated 28.02.2011 on the ground that on 12.11.2009, he submitted the attestation Form in which he had furnished a wrong information in so far as, the information regarding prosecution in a criminal case, is concerned. The appeal preferred by the petitioner was dismissed as timebarred and the revision petition preferred by the petitioner has also been rejected by order dated 07.09.2012.

(3.) A counteraffidavit has been filed stating that although, the petitioner was involved in a criminal case being Cr. No. 66 of 2009 under Section 324/34 I.P.C. and the said case was compromised on 07.11.2009, the petitioner deliberately suppressed this fact in the questionnaire Form dated 22.10.2009 and attestation Form dated 26.10.2009 at the time of joining service in CISF. The petitioner in his application dated 27.01.2009 has made a declaration that if any of his statement is found untrue, it would disqualify him for the post and he would be liable for action under the existing rules. Paragraph Nos. 7 and 8 of the counteraffidavit are extracted below: