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2023 Supreme(SC) 33

AJAY RASTOGI, BELA M. TRIVEDI
Ex-Const/Dvr Mukesh Kumar Raigar – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Syed Mehdi Imam, AOR
For the Respondent(s): Mr. Vikramjeet Banerjee, ASG Mr. R. Balasubramanian, Sr. Adv. Mr. Nachiketa Joshi, Adv. Mr. Merusagar Samantaray, Adv. Mr. P.V. Yogeswaran, Adv. Mr. Rajan Kumar Chourasia, Adv. Mr. Arvind Kumar Sharma, AOR

JUDGMENT :

BELA M. TRIVEDI, J.

1. The present special leave petition is directed against the judgment and order dated 16.11.2021 passed by the High Court of Judicature for Rajasthan Bench at Jaipur, whereby the Division Bench has allowed the D.B. Special Appeal Writ No. 637 of 2021 filed by the respondents-Union of India (appellants before the Division Bench), and has set aside the order dated 17.02.2021 passed by the Single Bench, which had allowed the Civil Writ Petition No. 17475 of 2018 filed by the present petitioner (respondent before the Division Bench).

2. The present petitioner was appointed on the post of constable in the CISF on 03.11.2007. In April, 2009 the petitioner received a notice/Memorandum of charge under the Rule 36 of CISF Rules 2001 (hereinafter referred to as the “the said Rules”) from the office of Commandant Discipline, CISF in which it was alleged that the petitioner at the time of submitting verification of his character certificate had suppressed the fact that he was involved in a criminal case for the offence under sections 323, 324 and 341 of IPC in respect of which an FIR being No. 153/2003 was registered against him on 21.10.2003; and that on the Inves


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