JUDGEMENT
R.V. Raveendran, J. -
(1.) Leave granted. Heard the parties.
(2.) Appellant was appointed as a Peon in the Water Resources Department (Bansagar Project) in the State of Madhya, Pradesh on 24.7.1980. Nearly a decade later, on 22.8.1989, the appellant was charge-sheeted in a criminal case for the offences under Sections 148, 324/149, 326/149 and 506 IPC. He was acquitted by judgment dated 9.9.2004 passed by Judicial Magistrate First Clans, Reva, MP.
(3.) In the year 1994, the appellant was required to submit an attestation form giving his personal data in regard to his educational qualifications, antecedents etc. He filled up and submitted the said form on 27.10.1994. Column 12 of the said form relevant for our purpose contained three queries. The said queries and appellant's answers thereto are extracted below:
Sl. No.
Query
Answer
12(a)
Have you ever been arrested, prosecuted, kept under detention or bounded down/fined, convicted by a Court of law for any office of debarred/disqualified by any public service commission, from appearing at its examinations/selections or debarred from taking any examination rusticated by any University or any other educational authority institution
No
12(b)
Is any case pending against you in Court of law, University of any other educational, authority/institution at the time of filling up this attestation form
No
12(c)
If the answer to 12 (a) or 12 (b) is 'yes' full particulars of the case, arrest detention, fine, conviction sentence etc. and the nature of the case pending in the Court/University/ Educational authority, etc. at the time of filling up this or should be given.
No
The form also required the appellant to certify that the information given by him in the said form was correct and that if any information was found to be false or incomplete in any material respect, the appointing authority may terminate him from the service without giving notice or showing cause. ;
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