- (1.) HEARD the learned counsel appearing for the parties and perused the documents on record.
(2.) THE brief facts of the case are that, the petitioner was appointed as Constable on 12.11.2009 in the Central Industrial Security Force (CISF) and he was placed on probation for a period of two years. After completion of basic training at RTC, Deoli II from 12.11.2009 to 27.06.2010, the petitioner reported at CISF Unit, CCL, NK and Piparwar on 30.06.2010 on regular posting. The service of the petitioner was terminated by order dated 28.02.2011 on the ground that on 12.11.2009, he submitted the attestation Form in which he had furnished a wrong information in so far as, the information regarding prosecution in a criminal case, is concerned. The appeal preferred by the petitioner was dismissed as timebarred and the revision petition preferred by the petitioner has also been rejected by order dated 07.09.2012.
(3.) A counteraffidavit has been filed stating that although, the petitioner was involved in a criminal case being Cr. No. 66 of 2009 under Section 324/34 I.P.C. and the said case was compromised on 07.11.2009, the petitioner deliberately suppressed this fact in the questionnaire Form dated 22.10.2009 and attestation Form dated 26.10.2009 at the time of joining service in CISF. The petitioner in his application dated 27.01.2009 has made a declaration that if any of his statement is found untrue, it would disqualify him for the post and he would be liable for action under the existing rules. Paragraph Nos. 7 and 8 of the counteraffidavit are extracted below: 7. "That the petitioner in his application dated 27.01.2009 for recruitment of Constable/GD in CISF, has clearly declared in his own writing that in case, any of his statement is found untrue during any state of recruitment or thereafter shall disqualify him for the post applied for and/or he shall be liable to any other action under the existing rule. Besides above following "Warning" at column No. 01 and 03 at page No. 01 in the Attestation Form mentioned which the petitioner has blatantly ignored. Warning No. 1 : The furnishing of false information or suppression of any factual information in the Attestation Form would be a disqualification and is likely to render the candidate unfit for employment under the Government. Warning No. 3 : If the fact that false information has been furnished or that there has been suppression of any factual information in the Attestation Form comes to notice at any time during the service of a person, his services would be liable to be terminated. 8. Hence, Appointing Authority, i.e. Commandant CISF Unit, CCL NK and Piparwar, in exercise of the power conferred by Rule25(2) of CISF Rule 2001 (amended Rule2007) passed the order of Termination from Service of the petitioner with effect from 28.02.2011 vide order No. (550) dated 28.02.2011." The learned counsel appearing for the petitioner submitted that the petitioner submitted his application for appointment on the post of Constable on 27.01.2009 and a false criminal case was instituted against him on 24.03.2009 and therefore, the petitioner would not have disclosed the registration of the criminal case against him. The learned counsel has further submitted that since the criminal case was compromised vide order dated 07.11.2009 and the petitioner submitted the attestation Form on 12.11.2009, the petitioner cannot be held guilty of suppressing any material fact. Relying on an order passed in W. P. (S) No. 7570 of 2012, the learned counsel for the petitioner submits that the impugned order of termination from service is liable to be quashed. She has further submitted that though, the petitioner requested for furnishing copies of the questionnaire and the attestation Form, a reference of which has been made in the impugned order dated 28.02.2011, those documents have not been furnished to the petitioner and without issuing any showcause notice, the petitioner's service has been terminated by order dated 28.02.2011 and therefore, the impugned order is liable to be quashed and the petitioner deserves reinstatement in service with full back wages.;