Daya Sankar Yadav vs Union Of India & Ors

2. The appellant was selected and appointed as a Constable in the Central Reserve Police Force on 12.6.2003. Rule 14(b) of the Central Reserve Police Force Rules, 1955 required every newly recruited employee to furnish factual information about himself. In view of it, the appellant was required to fill up and sign a Verification Roll (for short `the form'), which he did on 6.7.2004. The form starts with the following warnings :

The appellant answered both these questions in the negative by writing `Nahin' (i.e. `no'). The form was filled in Hindi, a language understood by the appellant.

3. The said form was referred to the Police for verification, who reported that Crime case No.67/1997 had been registered against the appellant in the Police Station, Bahariya, for offences punishable under sections 323/504/506 IPC and that the court had however discharged him on 17.1.2001, after trial.

4. In view of the said report, the fifth respondent (Addl. Dy.IG,CRPF, Allahabad) issued a notice dated 27.5.2005 alleging that the appellant had given false information in the verification form by concealing facts and called upon him to show cause why his services should not be terminated. The appellant sent a reply dated 4.6.2005 stating that the relevant clause in the verification form required him to disclose whether any criminal case registered against him was pending before any court and whether he had been convicted by any court; and that as he was discharged in the criminal case and as no case was pending against him before any court or authority, and as he was never sent to jail, he had answered the relevant query in the negative and that he had not misrepresented or suppressed any fact nor given false information.

5. By order dated 25.6.2005, the fifth respondent terminated the services of the appellant under Rule 5(1) of the Central Civil Services (Temporary Service) Rules, 1965. The departmental appeal filed by the appellant was dismissed by the Inspector General of Police, CRPF, Lucknow (third respondent herein), by order dated 23.9.2005. Thereafter the appellant filed a writ petition challenging the order of termination which was dismissed by the High Court by the impugned order dated 3.8.2006. The High Court held that the appellant ought to have answered the query 12(a) as "yes" and 5 furnished the particulars of the criminal prosecution even if he had been acquitted in the criminal case. It was of the view that as he was prosecuted in a criminal case, appellant's answer to query 12(a) as `no' amounted to concealment of relevant information and therefore his termination from service was justified. The said order is challenged in this appeal by special leave. The question is whether termination of the service of appellant was justified.

(b) The Verification Roll shall be in CRP Form-25 and after verification shall be attached to the Character and Service Roll of the member of the Force concerned."

14. We do hope that the CRPF and other uniformed services will use clear and simple questions and avoid any variations between the English and Hindi versions. They may also take note of the fact that the ambiguity and vague questions will lead to hardship and mistakes and make the questions simple, clear and straightforward. Be that as it may.

16. We are satisfied that the appellant had knowingly made a false statement that he was not prosecuted in any criminal case. Therefore, the employer (CRPF) was justified in dispensing with his services for not being truthful in giving material information regarding his antecedents which were relevant for employment in a uniformed service, and that itself justified his discharge from service. Consequently, we dismiss this appeal as having no merit.