M.Katju - (1.) THIS writ petition has been riled against the impugned termination order dated 12-12-1992. The petitioner was selected in the Central Industrial Security Force and was appointed as Sub-Inspector (Steno) vide order dated 20-6-1989 (Annexure No. 2 to the writ petition). In pursuance to the said order the petitioner reported for duty and he worked till 12-12-92 when his services was terminated. A true copy of the impugned order is Annexure No. 4 to the writ petition. The ground given in the termination order is that the correct facts was not stated in the verification form. Aggrieved, this writ petition has been filed.
(2.) A counter affidavit has been filed and it is stated therein that the petitioner was not an Indian citizen but was born in Bangladesh and his family migrated subsequently in 1964 as is evident from Annexure No. C.A. 1 to the counter affidavit. Annexure No. C.A. 2 is the letter of the petitioner where he has mentioned that he was only six months old when his parents and grandmother came to India and since then he has studied in India and is living in India. After a lapse of about 27 years he has been asked to produce I.C.C. certificate regarding which he has also made an application to the Secretary, Government of India. In my opinion a more humane view should have been taken by the respondents. The petitioner was only six months old when his parents came to India and hence the petitioner is not to blame for the fault committed by his parents. Petitioner has studied and has lived all his life in India. Hence the action of the respondents is wholly arbitrary. The approach of the respondents, in my opinion is over technical. Moreover, the enquiry should have been made when the petitioner applied for service, and not three years after he has been working, The respondents are estopped from taking action against the petitioner at this late stage,, In the circumstance, I set aside the imgugned order dated 12-12-1993 and I direct that the petitioner will be reinstated in service within a month of production of certified copy of this judgement. With these observations, the writ petition is finally disposed of, No order as to costs.;