IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5930 of 2010 MUKESH KUMAR THAKUR S/O SHRI RAM RIJHAN THAKUR R/O VILL AMRITPUR, P.S.TAJPUR,DISTT- SAMASTIPUR. ...........PETITIONER. Versus 1.THE UNION OF INDIA THROUGH THE CHIEF OF ARMY STAFF null ARMY HEAD QUARTERS, D.H.Q., NEW DELHI-110011 2.CHIEF OF ARMY STAFF, ARMAY HEADQUARTERS null D.H.Q., NEW DELHI-110011 3.DIRECTOR GENERAL OF INFANTRY , GENERAL STAFF BRANCH, ARMY HEAD QUARTERS D.H.Q., NEW DELHI- 110011 4.COMMANDANT BIHAR REGIMENTAL CENTRE DANAPUR CANTONMENT , DANAPUR, PATNA 5.SR. RECORD OFFICER, BIHAR REGIMENT , ABHILEKH KARYALAYA DANAPUR CANTONMENT , DANAPUR, PATNA 6. MAJOR R.C.A. DANAPUR CANTONMENT , DANAPUR, PATNA. .............RESPONDENTS. ----------- 04/ 06.05.2011 Counsel for the petitioner is present. No one appears for the respondents. This writ application has been filed by the petitioner for quashing the order dated 10.09.1991 of his discharge from service. The fact that the petitioner was enrolled in the Army by suppressing the fact that the petitioner was an accused in Tajpur P.S case no. 253 of 1987 for the offences punishable under Sections 341/323/37 and 109/34 IPC as was subsequently revealed in the verification, by itself had made the petitioner dis-entitled to continue in the Armed Forces and consequently the decision taken for his discharge on 13.08.1990 cannot be faulted in fact or either in law. The petitioner's continuation in service in the Armed Forces from 31.03.1989 to 13.08.1990 was itself based on a fraudulent mis-representation and material suppression of the fact regarding his being accused in a pending criminal case and therefore, this Court would not find any merit in the application and the same is accordingly dismissed. Ranjan (Mihir Kumar Jha, J)