HARJIT SINGH BEDI, J.

( 1 ) LEAVE granted.

( 2 ) THIS appeal filed by the Union of India and Ors. against the judgment and order dated 27th July, 2006 passed by the High Court of calcutta arises out of the following facts:

( 3 ) THE respondent, Bipad Bhanjan Gayen was selected for training as a Constable in the Railway Protection Force on 20th October, 1993 and pending verification in terms of his declaration in Form No. 12 as to whether he had ever been involved in any criminal case, he was sent for training. The declaration aforesaid was verified by the District Magistrate, Alipore, 24 Parganas (South) when it was revealed that he had been involved in FIR No. 20/1993 Police Station, usti, for an offence punishable under Section 376 of the IPC and that another case under Section 417 of the ipc apparently on complaint was pending in Court. On receiving this information, the Chief Security Officer, RPF, Eastern Railway, Calcutta passed an order dated 10th July, 1995 terminating his services with immediate effect "because of his involvement in police case, as reported by DM/alipore and suppression of this factual information in the attestation form by the candidate". Consequent to the