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2023 Supreme(Pat) 15

IN THE HIGH COURT OF JUDICATURE AT PATNA
P. B. Bajanthri, Arun Kumar Jha, JJ.
Dharmendra Kumar Nirala, S/o Baliram Prasad - Petitioner
Versus
The Union of India through the Chairman of Railway Board, Govt. of Ministry of Railway, Rail Bhawan, New Delhi and ors. – Respondents
Civil Writ Jurisdiction Case No.1771 of 2020
Decided On : 25-01-2023

Advocates:
Advocate Appeared:
For the Petitioner:Mr.Binodanand Mishra, Advocate, Ms. Surya Nilambari, Advocate
For the Respondent: Mr. K.N.Singh, Addl.S.G., Mr. Ratnesh Kumar, CGC., Mr. Amarjeet, JC to ASG

Headnote:

Service Law – Termination – Suppression of factual information in Attestation Form – In spite of warning clauses, petitioner has suppressed vital material information in respect of his previous employment with Railway department and his removal from service due to unauthorised absence – He has violated specific clause of Attestation Form – Advertisement itself made it clear that furnishing of any false information or deliberate suppression of any information at any stage would render candidate disqualified and debarred for appointment on Railways or to any other Government service and if appointed, service of such candidate was liable to be terminated – Petitioner having suppressed material information and giving false information cannot claim any right for appointment or continuity in service and employer having regard to nature of employment as well as other aspects has discretion to terminate his services – Writ Petition dismissed. (Paras 7, 8, 10, 11, 18 and 19)

JUDGMENT :

ARUN KUMAR JHA, J.

Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed claiming the following reliefs :

    “(i) For issuance of an appropriate order, direction or writ including writ in the nature of Certiorari quashing the order dated 20.5.2019 passed by the Central Administrative Tribunal Patna Bench Patna in OA / 050/00515/19 whereby the original application filed by the Petitioner has been dismissed.

(ii) For issuance of an order, direction or writ including writ in the nature of Certiorari quashing the letter dated 29.3.2019 issued by Respondent no 3 under the orders of Respondent no 2 by which the Petitioner’s appointment to the post of A.S.M. has been terminated and further he has been directed to deposit 77,329/-the cost of training along with interest at the rate of 12.5%.

(iii) For issuance of an order, direction or writ including writ in the nature of Mandamus commanding the respondents not to give effect to the order dated 29.3.2019 issued by Respondent no 3.

(iv) For issuance of an order, direction or writ including writ in the nature of Mandamus commanding the respondents to consider his case for appointment to the post of A.S.M. And re instate him in service.

(v) For any other relief (s) to which the petitioner may be found entitled in the facts and circumstances of the present case.

3. Briefly stated, the facts, according to the petitioner, are that various posts were advertised by the Railway Recruitment Board vide Centralized Employment Notice No.3 of 2015 on 26.12.2015. The petitioner applied in terms of aforesaid advertisement and after completion of selection process, he was offered appointment to the post of Assistant Station Master by the Railway Recruitment Board vide letter dated 26.12.2017 and he was directed to report on 18.01.2018. Thereafter, the petitioner was sent for training at Zonal Railway Training, Udaipur vide letter dated 18.04.2018. The petitioner reported at the Training Institute and participated in the training on 25.03.2018 and relieved from there on 23.07.2018 after completing his training. Thereafter, the petitioner was deputed for line training where he worked till 28.08.2018. Some complains were made by one Sweta Kumari, claiming herself to be wife of the petitioner, against the petitioner regarding furnishing wrong information in the Attestation Form and suppression of some information. Thereafter, a letter dated 03.10.2018 was issued to the petitioner to submit information with affidavit by 04.10.2018 with respect to the allegations mentioned in the allegation petition. The petitioner submitted his explanation on the affidavit denying the allegation made against him. The petitioner was directed to submit certain document regarding his marriage on or before 10.10.2018. Thereafter, the petitioner submitted the marriage certificate issued by the Marriage Registrar in support of his contention that his marriage was solemnized with one Sushma Kumari and Sweta Kumari is not his wife and he never married with Sweta Kumari. The petitioner further stated that he inadvertently wrote N.A. in Column 10 (a) of the Attestation Form. The respondent no.5 vide letter dated 25.01.2019 issued show cause for filing up Nil information in Attestation Form and suppressing the fact as per Para 11 of the Attestation Form. Thereafter, the petitioner submitted his show cause on 08.02.2019 explaining the entire circumstance. The petitioner submitted details about his previous employment and reasons for his un-authorised absence. Thereafter, vide order dated 29.03.2019, the appointment of the petitioner on the post of ASM/SM was terminated with immediate effect on the ground that there was suppression of factual information in the Attestation Form. By another order dated 29.03.2019, the petitioner was directed to deposit a sum of Rs.77,329/-with interest at the rate of 12.5% as training cost paid to the petitioner by way of stipend. B

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