Decided on April 05,2018

Prasanth K.B. Appellant
UNION OF INDIA Respondents


L.S.JAMIR,J. - (1.) In this writ petition, the legality and validity of the order discharging the petitioner by the discharge order dated 19.06.2015 from service issued by the Additional Chief Security Commissioner, NF Railway is put under challenge.
(2.) Heard Mr. Gias Uddin, learned counsel for the petitioner. Also heard Dr. BN Gogoi, learned Standing Counsel, NF Railways.
(3.) Pursuant to an employment Notification No. 1 of 2011, the petitioner applied for the post of Constable in Railway RPF including RPSF. The petitioner underwent the whole selection process and was thereafter recruited as Constable in the RPSF (Railway Protection Special Force). The petitioner thereafter joined for six months duration training on 01.11.2014 which was expected to conclude with the Passing Out Parade on June, 19, 2015. While the petitioner was undergoing training, he was withdrawn from the said training sometime in the month of May, 2015 and was directed to proceed to New Jalpaiguri and to remain in RPF Camp, New Jalpaiguri till June, 19, 2015. Thereafter, the petitioner was served with a Discharge Order dated 19.06.2015 whereby he was discharged with immediate effect stating inter-alia that the petitioner had suppressed about imposition of fine of Rs. 1000/- by the Judicial Magistrate First Class (JMFC), Kodungallore, Kerala for an offence under Section 279 of the IPC and the same had amounted to violation of provisions contained in Paragraph-3 of the Attestation Form.;

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