Mootham, C.J. - (1.) This is a petition under Article 226 of the Constitution.
(2.) The facts are these: The petitioner was employed as a khallasi by the Northern Railway, and in 1953 he had about eight years of service. In 1952 he was implicated in a murder case but was acquitted. On the 10th December, 1953, a charge-sheet was served upon him, the charges being the following : "1. For concealment of your antecedents at the time of appointment by declaring. (a) Your name as Bashir Khan on appointment to Railway service. (b) Your name as Irteza in the Court of Law when prosecuted under Section 302, Indian Penal Code. (c) Your name Irteza alias Hira during the course of police enquiry at the latter date. 2. For giving the false name of your father as Nasir Khan on your appointment whereas the correct name as disclosed during the police enquiries is Shahzad. 3. For possessing undesirable and unsatisfactory character as reported by the police."
(3.) A departmental enquiry was held on the 26th May, 1954, Tribunal's finding being as follows:- "We, the undersigned, having carefully considered all the evidence, do find, that Bashir Khan T.N.134/F. son of Nasir Khan concealed his antecedents at the time of employment in these works, and when his actual name was Irtiza alias Hira, son of Shabazad, he represented himself as Bashir Khan, son of Nasir Khan. He is guilty of changing both his name and parentage while obtaining employment in these works." It appears therefore that the Tribunal, in substance, found against the petitioner only on the first and second charges. I am informed that no evidence was called to show that, the petitioner had an undesirable and unsatisfactory character as reported by the police, and this presumably accounts for the Tribunal not recording a finding against the petitioner on the third charge. The Tribunal, however, in the 'Reasons' which it amended to its finding said "The police report about his doubtful character and integrity is very clear and their recommendation that he is an undesirable person to be kept in Government employment requires consideration.";