TMI Blog2018 (2) TMI 1977X X X X Extracts X X X X X X X X Extracts X X X X ..... ression 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. - W.P.(C) 2916/2017 - - - Dated:- 19-2-2018 - Ms. Hima Kohli And Ms. Pratibha Rani, JJ. Mr.H.S.Dahiya, Advocate For The Petitioner. Mr.A.P.Sahay, CGSC with Ms.J.Priyadarshini, Advocate for The Respondent. ORDER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... On his appointment, he had submitted an Attestation From duly filled up all the columns and the same was sent to District Magistrate Bharatpur, Rajasthan for verification by the DIG, CISF RTC Bhilai. The District Authority has reported vide their letter No. Court/VR/2013/529 dt 2.7.10 and received from DIG CISF RTC Bhilai vide letter No. E-37013/RTC(B)/23rd batch/CT(Dvr)/BT/14/5878 dt 04.08.2014 that a Police Case No.119 under Section 323, 341/325, 447 34 IPC was registered against him at Khoh Police Station on 10.03.2006 and finalized on 31.03.2006 by the ACJM, Deeg. But the individual did not disclose the facts of his being involved in criminal case in the Attestation Form submitted to the Department while joining CISF. On the said Attestation Form has been clearly warned the individual concerned that the furnishing of false information or suppression of any factual information on the Attestation Form would be a disqualification and is likely to render the candidate unfit for employment under the Government and if detained, convicted, debarred etc., subsequent to the completion and submission of this form the details should be communicated immediately to the authority to whom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, CISF Unit, NLC Neyveli and the order dated 02.01.2015 has been passed by Inspector General, CISF South Sector HQrs,, ChPT Campus, Chennai. The present petition has also been opposed by the respondents on the ground that the petitioner had suppressed the fact of his involvement in a criminal case despite a warning in the Attestation Form of the consequences of suppression of vital information. Thus, a prayer for dismissal of the writ petition has been made. 7. The submission made on behalf of the respondents questioning the territorial jurisdiction of this Court has to be rejected as admittedly, the Headquarter of CISF is located in Delhi. In Civil Appeal No.6020/2012 entitled 'Abrar Ali vs. CISF Ors.', the Supreme Court has decided the issue of territorial jurisdiction observing as under:- '3. The Writ Petition filed by the appellant has been dismissed by the Delhi High Court vide order dated May 03, 2011 by holding that no cause of action has accrued within the territorial jurisdiction of that Court. From the impugned order, it appears that the High Court considers the aspect of jurisdiction with reference to Article 226(1) of the Constitution of India. We a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng false information, the employer may take notice of special circumstances of the case, if any, while giving such information. (3) The employer shall take into consideration the government orders/instructions/rules, applicable to the employee, at the time of taking the decision. (4) In case there is suppression or false information of involvement in a criminal case where conviction or acquittal had already been recorded before filling of the application/verification form and such fact later comes to knowledge of employer, any of the following recourse appropriate to the case may be adopted : - (a) In a case trivial in nature in which conviction had been recorded, such as shouting slogans at young age or for a petty offence which if disclosed would not have rendered an incumbent unfit for post in question, the employer may, in its discretion, ignore such suppression of fact or false information by condoning the lapse. (b) Where conviction has been recorded in case which is not trivial in nature, employer may cancel candidature or terminate services of the employee. (c) If acquittal had already been recorded in a case involving moral turpitude or offence of he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 13. In the light of above facts, while setting aside the impugned orders dated 11.10.2014 and 02.01.2015 passed by the Appointing Authority i.e. the Commandant, CISF Unit, NLC Neyveli and the Competent Authority i.e. Inspector General, CISF South Sector HQrs,, ChPT Campus, Chennai., ..... X X X X Extracts X X X X X X X X Extracts X X X X
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