Dilip Gupta, J. - (1.) THE dismissal of the writ petition that had been filed for setting aside the termination order dated 28th February, 2004 passed by the Commandant, 151 Battalion, Central Reserve Police Force (hereinafter referred to as 'CRPF') under the provisions of Rule 5(1) of the Central Civil Services (Temporary Service) Rules 1965 (hereinafter referred to as the 'CCS (Temporary) Rules), as well as the order dated 17th August, 2004 passed on the review petition has led to the filing of this Special Appeal by the petitioner.
(2.) THE appellant was selected on temporary basis as a Constable in the CRPF by means of the letter dated 12th April, 2003. While seeking the aforesaid appointment, the appellant filled up the Verification Roll as was required under Rule 14(b) of the Central Reserve Police Force Rules, 1955 (hereinafter referred to as the CRPF Rules). THE Verification Roll contained a warning that furnishing of false information or suppression of any factual information in the Verification Roll will be a disqualification and was likely to render the candidate unfit for employment under the Government. It also mentioned that if the fact that false information was furnished or that there was suppression of any factual information in the Verification Roll comes to notice at any time during the service of a person, his services would be liable to be terminated. The appellant was required to furnish information mentioned in the Verification Roll and clauses 12(a) and 12(b) which are relevant for the purposes of the present Appeal are quoted below:- 12(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 any other education authority/Institution? (b) Is any case pending against you in any court of law, University or any other education authority/institution at the time of filling up this Verification Roll? If answer to (a) or (b) is ''Yes' then give details of prosecution, detention, fine, conviction and punishment etc. and state about the case pending with the court/University/education authority at the time of filling in this form." Against the aforesaid clauses 12(a) and 12(b) of the Verification Roll, the appellant mentioned 'Nil'. The verification of the character and antecedents of the petitioner-appellant was done through the District Magistrate, Pratapgarh as is required under Rule 14(a) of the CRPF Rules. The District Magistrate informed that First Information Report under Sections 436, 504 and 506 of the Indian Penal Code had been lodged against the petitioner in the year 2001. It is upon receipt of the aforesaid information that the order dated 28th February, 2004 was issued by the Competent Authority under the provisions of Rule 5(1) of the CCS (Temporary) Rules that his services shall stand terminated with effect from the expiry of one month.
(3.) THE appellant filed a Review Petition which was also dismissed by the order dated 17th August, 2004. The learned Judge by the impugned order declined to interfere with the impugned orders as the petitioner-appellant had not approached the Court with clean hands since he had made an incorrect statement in paragraph 11 of the writ petition that he had not filled the Verification Roll in his own handwriting and had only put his signatures on the dotted lines.;