SEPOY / DRIVER RADHE SHYAM JANGID Vs. UNION OF INDIA & OTHERS
HIGH COURT OF UTTARAKHAND
Sepoy / Driver Radhe Shyam Jangid
UNION OF INDIA AND OTHERS
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(1.) Heard Mr. R. M. Tewari, Advocate with Mr. T. P. S. Takuli, Advocate for the petitioner and Mr. Vikas Pandey, Advocate for the respondents.
(2.) The petitioner was enrolled as a Sipoy in the Indo Tibetan Border Police (hereinafter referred to as I.T.B.P.) w.e.f. 11.11.2009. At the time of appointment, he was required to fill a verification form, which was both in English and Hindi languages. The verification form has been annexed in the writ petition as well as in the counter affidavit. The questions put to the petitioner inter alia, read as under:-
"xxx xxx xxx
(a) Have you ever been arrested, prosecuted, kept under detention or bound down / fined, convicted by a court of law for any offence, or debarred / disqualified by any Public Service Commission from appearing at its examination / selection or debarred from taking any examination / rusticated by any University or other educational authority / Institution
xxx xxxx(b) Is any case pending against you in any court of law, University or any other educational authority / Institution at the time of filling of this Verification Roll If the answer to (a) or (b) is "Yes", full particulars of the cases, 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 form should be given."
(3.) The petitioner replied to the aforesaid questions in negative i.e. "NO" in Hindi at column No.12 (a) & (b). Thereafter, the petitioner joined his duties, but when the matter was sent for verification, it was found that two criminal cases were registered against him. Firstly, an F.I.R. was lodged against the petitioner on 15.09.1999 under Sections 341, 323, 356, 392 I.P.C. at Police Station Pragpura, District Jaipur, Rajasthan in which the police filed a chargesheet dated 30.09.1999 under Sections 341, 323, 352 I.P.C. On the basis of a compromise between the parties, the petitioner was acquitted by the Judicial Magistrate, 1st Class, Kotputli, District Jaipur, Rajasthan on 05.11.2007. Secondly, another F.I.R. was lodged against the petitioner on 21.12.2001 at police station Pragpura under Sections 341, 323 & 504 I.P.C. in which the police filed a chargesheet under Sections 341, 323, 504 I.P.C. This criminal case again resulted in an acquittal of the petitioner, purely on the basis of a compromise on 17.12.2007.;
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