- (1.) It is a case where a writ petition was filed by the petitioner-non-appellant to challenge the order dated 19th April, 1995 passed by the appellant dismissing him from service. It was after enrolment of the non-appellant in Border Security Force, Jodhpur (for short "the BSF") on 27th December, 1988. He was served with the charge sheet alleging that while obtaining service, made false declaration in Enrolment Form. Two criminal cases were pending against him at the time of submission of Enrolment Form where it was asked as to whether he was ever arrested, prosecuted or otherwise dealt with under any law in India. The non-appellant answered it in "No". After evidence in the enquiry, the charge was found proved. The non-appellant was then dismissed from service.
(2.) The case of the non-appellant before learned Single Judge was that he was never arrested in any criminal case and, accordingly, put "No" for the information as to whether he was ever arrested.
(3.) The case of the appellant is that two criminal cases were pending against the non-appellant. The first case was on FIR No.4/1987 for offence under Sections 147, 148, 323 and 452 IPC and other case was on FIR No.10/1987 for offence under Sections 147, 323 and 379 IPC. Learned Single Judge allowed the writ petition on the ground that the petitioner-non-appellant was not aware about pendency of the criminal case, as the Enrolment Form was submitted on 27th December, 1988, whereas, charge in the case was framed on 18th January, 1989 i.e. subsequent to submission of Enrolment Form. The order of punishment of dismissal from service was accordingly set aside.;