JUDGMENT

This appeal is filed by the Union of India to challenge the judgment of learned Single Judge dated 17.02.2021 passed in Civil Writ Petition No.17475/2018. This litigation has checkered history. Briefly stated the facts are as under:-

The respondent-original petitioner was serving as a Constable-cum-Driver with CISF. Before his selection and appointment in CISF, a criminal complaint involving offences punishable under Sections 323, 324 and 341 of IPC was lodged against him on 07.11.2003. After his selection and before appointment, he had to fill up an attestation form making necessary declarations regarding his involvement in any criminal offence. He filled up such attestation form on 28.10.2007 on which date admittedly the said criminal case was pending. He however did not declare such pending criminal proceedings against him. On 21.11.2007 he was acquitted of the charges on a compromise entered into between the parties.

When the employer came to know about the pendency of criminal proceedings on the date of appointment and non- disclosure by the employee of such pendency, a charge-sheet was issued on 18.04.2009 for major penalty. The petitioner admitted that he had not made