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High Court of DelhiW.P.(C)/8024/2015

Ajit v. Union Of India And ORS.

2015-08-31Hon'Ble Mr. Justice S. Ravindra Bhat,Hon'Ble Ms. Justice Deepa Sharma2 pages

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8024/2015 AJIT ..... Petitioner Through:

Mr.Anil Singal, Advocate versus UNION OF INDIA AND ORS.

..... Respondents Through:

Mr.Arun Bhardwaj, CGSC with Mr.Rishi Kapoor, Advocate for UOI Mr.Jitendra Kr.Singh, Standing Counsel for the Railways.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE DEEPA SHARMA

O R D E R

% 31.08.2015 1.

The petitioner's grievance is with respect to the order dated 29.07.2015 by which he was discharged from the service of Railway Protection Special Force (RPSF). He was appointed to the RPSF on 05.10.2014 after he was selected as Constable. The petitioner was asked to fill a form at the time of his interview which he did. The RPSF's allegation is that in the attestation form, the petitioner suppressed the fact that he was facing trial for having committed offences under Section 147/323/304/504/506 IPC. The petitioner contends that in fact the information with respect to the pending case in Police Station Budhana, District Muzaffarnagar was disclosed. 2.

After notice was issued, the RPSF has appeared and stated that in fact the petitioner did make the appropriate disclosure. It is

contended that subsequently he was acquitted of the charges on 03.03.2015. Copy of the order of the Additional Sessions Judge, Muzaffarnagar has been shown to us.

3.

Ordinarily, this court would have directed the quashing of the impugned discharge order dated 29.07.2015. However, counsels for the respondents have submitted that the impugned order would be withdrawn and an appropriate order having regard to all the circumstances including judgment of the court dated 03.03.2015 will be made within four weeks from today. The said order shall also indicate the manner of treatment of the petitioner's service from 29.07.2015.

4.

The writ petition is disposed of in the above terms. S. RAVINDRA BHAT, J DEEPA SHARMA, J AUGUST 31, 2015 rb