IKTISAR ALI ABDUL HAMEED Vs. UNION OF INDIA
LAWS(RAJ)-2017-1-139
HIGH COURT OF RAJASTHAN
Decided on January 24,2017

Iktisar Ali Abdul Hameed Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

PUSHPENDRA SINGH BHATI,J. - (1.) The petitioner has preferred this writ petition making the following prayers :- "It is, therefore, most humbly prayed that your lordship my kindly be pleased to accept this writ petition and further be pleased to quash and set aside the orders dated 18.5.98 (Annexure-2) passed by the Commondant, 19.8.98 (Annexure-3) passed by the Deputy Inspector General of Police and dated 11.5.99 (Annexure-4) passed by the Inspector General of Police, CRPF and may pass an appropriate order in the facts and circumstances of the case. Any other relief which deem proper and fit may kindly also be given to the petitioner."
(2.) The facts as noticed by this court in this writ petition are that the case was filed against the petitioner under Section 323, 341 and 147 of IPC on 13.10.1994. On 1.5.1995, the petitioner was acquitted in the offences under Section 323 and Section 341 of IPC on account of a compromise between the parties. However, vide order dated 1.5.1995, the petitioner was convicted under Section 147 of IPC on account of voluntary admission by the petitioner but the learned court gave him the benefit of probation under the probation of Offenders Act, 1958.
(3.) The petitioner was thereafter appointed as a constable in the respondents department on 4.9.1995. The petitioner was served a charge-sheet on 17.1.1998 with allegation of committing an act of misconduct under Section 11(1) of CRPF Act of 1949. The allegation was that the petitioner had suppressed and concealed the fact about his involvement in a criminal case for offence under Section 147 IPC at the time of joining the services. The respondents imposed a penalty of dismissal on 18.5.1998 after conducting the proceedings in accordance with law. The petitioner preferred an appeal which was also rejected on 18.9.1998 and thereafter, a revision petition which was also rejected vide order dated 11.5.1999. The respondents filed a detailed reply and stated that the suppression/concealment was a serious issue and thus the petitioner has been rightly dismissed from service. The respondent also stated that all proceedings had been held strictly in accordance with law.;


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