ARINDAM SINHA,J. - (1.) The appeal was heard on 18th February, 2021 when Mr. Gupta, learned advocate appearing on behalf of Union of India handed up attestation form filled up and submitted by appellant at time of spot recruitment of, inter alia, constable recruits. He had submitted, the attestation form says furnishing false information or suppression of any factual information would be a disqualification and likely to render the candidate unfit for employment under the Government. The form was signed by appellant on 27th January, 2009. There was an incident, by which appellant's wife died. The incident and death happened on 16th February, 2009. Mr. Gupta had pointed out that the police had made endorsement on 21st December, 2009 in the form. The noting in Hindi was read out by him. We understand that information of a criminal investigation against, inter alia, appellant was given along with further information that appellant was absconding. Mr. Majumdar, learned advocate appearing on behalf of appellant, did not dispute the attestation form. We by our order dated 4th March, 2021 said that we treat the attestation form, an admitted document, as additional evidence in the appeal, to enable us to pass judgment.
(2.) The facts are, the attestation form was signed by appellant on 27th January, 2009. The incident and death of appellant's wife took place on 16th February, 2009. As such, there cannot be said to be any false information or suppression by appellant as in the attestation form, filled up before the incident. The endorsement was made on 21st December, 2009. Appellant having had successfully undergone training was awaiting appointment to the force when by order dated 23rd April, 2010, he was discharged. It appears that he surrendered soon after he received said order discharging him. The criminal investigation culminated in trial and judgment dated 23rd September, 2015, passed by Court of Additional Sessions Judge, Saran at Chapra. Appellant was in custody and by the judgment, acquitted and directed to be released.
(3.) Order dated 23rd April, 2010 refers to rules 52.2 and 67.2 in Railway Protection Force Rules, 1987. Rules 52.1, 52.2 and 67.2 are reproduced below:- '52.1 As soon as a recruit is selected but before he is formally appointed to the Force, his character and antecedents shall be got verified in accordance with the procedure prescribed by the Central Government from time to time. 52.2 Where after verification, a recruit is not found suitable for the Force, he shall not be appointed as a member of the Force. 67.2 A direct recruit selected for being appointed as enrolled member, till such time he is not formally appointed to the Force, is liable to be discharged at any stage if the Chief Security Commissioner for reasons to be recorded in writing, deems it fit so to do in the interest of the Force' Mr. Majumdar relied on judgments of Supreme Court. (i) Ram Kumar vs. State of U.P. reported in AIR 2011 SC 2903, paragraphs 8 and 9. (ii) Mohammed Imran v. State of Maharashtra reported in AIR 2018 SC 4895, paragraphs 10 and 11. He submitted, the decisions are pat on the point. Mr. Gutpa relied on impugned order dated 6th April, 2016 to submit, it is a well-reasoned order and should not be interfered with.;