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2018 (2) TMI 1977 - HC - Indian LawsTermination of services by Appointing Authority i.e. the Commandant, CISF Unit, NLC Neyveli - termination of services on account of suppression of facts in the Attestation Form about the registration of a criminal case against him - petitioner is only praying for an opportunity to present his case before the Competent Authority requiring the respondents to examine his case in the light of the guidelines laid down by the Supreme Court in AVTAR SINGH VERSUS UNION OF INDIA (UOI) AND ORS. [2016 (7) TMI 1575 - SUPREME COURT]. HELD THAT:- In the case of Avtar Singh, the Apex Court has considered the question of suppression of information or submitting false information regarding a criminal case in the verification form and clarified the legal position. The petitioner herein was involved in a case registered on 10.03.206 under Sections 323/341/325/447/34 IPC at PS Khoh, which was compounded with the permission of the Court and he was acquitted on 31.03.2006. On his failure to mention about his involvement in Police Case No.119/2006, the petitioner's services have been terminated for suppression of the fact of his involvement in a criminal case. As per the record, the date of birth of the petitioner is 01.01.1988 and on the date of registration of FIR i.e. on 10.03.2006, he was 18 years and two months old and the matter has been amicably settled soon thereafter, resulting in his acquittal on 31.03.2006. A photocopy of the certified copy of the order passed in FIR No.119/2006 is on record, which discloses that the FIR, which was registered on 10.03.2006, was in respect of a quarrel within the family and the matter was compromised soon thereafter. The offence was permitted to be compounded by the learned ACJM, Deeg on 31.03.2006 resulting into acquittal of the accused persons including the petitioner herein. The matter remanded back to the Inspector General, CISF South Sector HQrs,, ChPT Campus, Chennai to reexamine the issue in the light of decision of the Supreme Court in Avtar Singh's case - Petition allowed by way of remand.
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