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2022 Supreme(Bom) 918

S. V. GANGAPURWALA, R. N. LADDHA
Swapnil Prakash Parab – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Amit Dubey, Ashok M. Saraogi.
For the Respondents: M.A. Sayed, Neel G. Helekar, P.J. Khosla.

JUDGMENT :

R.N. LADDHA, J.

1. Heard learned Counsel for the parties.

2. Rule. The rule is made returnable forthwith with the consent of and at the request of the learned Counsel for the parties.

3. This Petition is directed against the order dated 20th March 2020 passed by the Chief Administrative Officer (P) of the Respondent organisation-Bhabha Atomic Research Centre, Mumbai, rejecting the representation dated 23rd December 2019 made by the Petitioner, alongwith the termination letter dated 27th February 2018.

4. The brief facts of the case that come out of the record are that in 2016, the Respondent organization-Bhabha Atomic Research Centre invited applications from the eligible candidates for filling up the post of Hospital Work Assistant. The Petitioner had applied and was selected by the Respondents for the post. Before appointing the Petitioner, he was required to declare whether he had ever been arrested, prosecuted or detained. He was also asked to state whether he had been charged with an offence before a Court for which he was convicted, conditionally discharged, placed on probation or acquitted. He answered all of them in the negative. The disclosure of these facts in the a

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