Vikram Nath, J. - (1.) THIS writ petition has been filed under Article 226 of the Constitution praying for issuance of a writ of certiorari to quash the orders dated 4.8.2006 passed by the Disciplinary Authority and the order dated 30.10.2006 passed by the Appellate Authority, whereby the services of the petitioner as recruit/GD in the Central Reserve Police Force, (hereinafter referred to as CRPF) has been terminated and his name has been struck off the strength of the rolls.
(2.) THE petitioner was enlisted as recruit/GD in the Central Reserve Police Force on 25.11.2004. Upon enlistment the petitioner was required to fill up and submit a Verification Roll as required under Rule 14(b) of The Central Reserve Police Force Rules, 1955 (hereafter referred to as 1955 Rules). The said Verification Roll required specific information on 12 points as mentioned in the format, copy whereof has been filed as Annexure CA -I to the Counter Affidavit. Clause 12 of the format of the Verification Roll consisted of two parts. Sub clause (a) required information as to whether the candidate had 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 examinations/selections or debarred from taking any examination/rusticated by any University or any other education authority/Institution. Further sub clause (b) required information as to whether any case was pending against the candidate in any Court of law, University or any other education authority/institution at the time of filling up of the Verification Roll. It further required if answer of the sub clause (a) and (b) was 'yes' then the details were to be provided. The petitioner filled up the Verification Roll and submitted the same on 28.11.2004. Against the sub clauses (a) and (b) of the clause 12 of the Verification Roll the petitioner mentioned 'no'. The Verification Rolls are sent to the District Magistrate's of the native place of the candidates for character verification. In the present case the District Magistrate, Jaunpur informed the Additional Deputy Inspector General of Police, CRPF, Group Centre, Allahabad mentioning that a criminal case being Case Crime No.68 of 2001, under Sections 325/323/504 IPC was registered against the petitioner in which the charge sheet had been submitted to the Court on 18.04.2001 and the same was pending trial. Based upon the said information, received from the District Magistrate, Jaunpur a show cause notice dated 3.3.2006 was issued by the Additional Deputy Inspector General of Police, Central Reserve Police Force, Group Centre, Allahabad calling upon the petitioner to show cause as to why his services be not terminated for concealment and suppression of material fact. Thereafter by order dated 4.8.2006 the services of the petitioner were terminated. The petitioner submitted an appeal to the Inspector General of Police, CRPF, Central Sector, Gomti Nagar, Lucknow which has been dismissed by order of the said authority dated 30.10.2006. Aggrieved by the same the present petition has been filed.
(3.) I have heard Sri Prateek Sinha, learned counsel for the petitioner and Sri Shashi Shekhar Tiwari, learned counsel representing the respondents.;