SHISHU PAL ALIAS SHIV PAL Vs. UNION OF INDIA AND OTHERS
LAWS(GAU)-2018-3-78
HIGH COURT OF GAUHATI
Decided on March 27,2018

Shishu Pal Alias Shiv Pal Appellant
VERSUS
UNION OF INDIA AND OTHERS Respondents

JUDGEMENT

L. S. Jamir, J. - (1.) Consequent on his selection, the petitioner was appointed to the post of Constable (GD) by communication dated 09.11.2011. The petitioner thereafter reported in GC, CRPF, Lucknow on 30.11.2011 and filled up his verification roll (CRPF 25). After joining to the service, the petitioner was sent for 44 weeks training w.e.f. 21.01.2012 which he completed successfully.
(2.) As required under normal departmental procedure, the verification roll (CRPF 25) in respect of the petitioner was submitted to the District Magistrate to verify the antecedents of the petitioner which was accordingly done by a letter dated 21.03.2012 which indicated that there was no adverse finding against the petitioner. In terms of the report, an order dated 12.12.2012 was issued intimating that the petitioner is fit for CRPF service. While the petitioner was undergoing basic training, a photocopy of the complaint submitted by Station House Officer, Police Station Barnahal, Mainpuri (U.P.) was forwarded by DIGP, GC, CRPF Lucknow intimating that a criminal case against the petitioner is registered vide Case No. 459 of 2011 on the basis of an FIR No.76/2011. On receipt of the said complaint, it was found that the petitioner was involved in a criminal proceeding at the time of recruitment and that it was also noticed that the petitioner had secured appointment on the basis of false declaration wherein there was suppression of facts with regard to the involvement of the petitioner in criminal case. However, to verify the veracity of the complaint, District Magistrate, Mainpuri (U.P.) was again requested by letter dated 01.05.2013 to verify about the genuineness of the police case registered against the petitioner. Thereafter, a verification report was received from the District Magistrate, Mainpuri by a communication dated 15.06.2013 wherein it was verified that a criminal case has been registered against the petitioner (Shishupal @ Shivpal) at Barnahal P.S.
(3.) Accordingly, a show cause notice dated 03.05.2013 was issued to the petitioner by incorporating eight questions wherein the petitioner was to answer "YES" or "NO". The petitioner replied to the show cause notice by giving his reply as "NO" to all questions made in the show cause notice dated 03.05.2013. Not being satisfied with the reply, the respondents initiated a departmental proceeding against the petitioner and on completion of the same, the Commandant 149 Battalion, CRPF/Respondent No.3 issued an order dated 24.06.2014 removing the petitioner from service from the date of the order. Being aggrieved, the petitioner filed an appeal before the respondent No.2/ appellate authority which was also rejected by order dated 23.09.2014. Being aggrieved, the present appeal.;


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