Deliberate concealment of material facts in the verification roll justifies the termination of services under Rule 5(1) of the Central Civil Services (Temporary Service) Rules, 1965.

JUDGMENT

Dr. S. Muralidhar, CJ. - The challenge in the present writ appeal is to a judgment dated 30 th April, 2019 passed by the learned Single Judge allowing W.P.(C) No.17262 of 2012 filed by the Respondent seeking the quashing of the order dated 9th November, 2010 issued under Rule 5(1) of the Central Civil Services (Temporary Service) Rules, 1965 terminating his services. By the impugned order, the learned Single Judge has proceeded to set aside the above termination order, and directed that the Respondent be reinstated in service with consequential service and financial benefits.

2. While directing notice to issue in the present appeal on 18th February, 2021 this Court stayed the impugned judgment.

3. The background facts are that after joining the Central Reserve Police Force (CRPF) as a Recruit (General Duty) on 18th April, 2012 the Respondent underwent training. Thereafter, he was dispatched to the Recruit Training Center, CRPF, Avadi (Tamilnadu). In the meanwhile, the verification roll in Form No.25 filled up by the Respondent was sent to the District Magistrate, Sonepur, Odisha under information to the Superintendent of Police (SP), Sonepur for verification of his character and antecedents.

4. In terms of the said verification, it is found that the Respondent was involved in Rampur P.S. Case No.9 dated 6th March, 2017 under Sections 498A/304B/302/34 IPC and Section 4 of the Dowry Prohibition Act in which the Respondent had been arrested and forwarded to the Court along with other co-accused and a chargesheet had also been submitted. At the time when the Respondent filled up verification form in para 12(a) and 12(b), he did not disclose the above fact and, therefore, was found unsuitable for being continued in employment in a government job. Accordingly, on 9th November, 2010 an order was issued under the proviso to sub-rule (1) of Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965 terminating his services due to suppression of factual information in the verification roll.

5. The learned Single Judge came to the conclusion that the expression 'temporary service' as defined in Rule 2(d) of the CCS (Temporary Service) Rules, 1965 would mean the temporary government servant in a temporary post of officiating service in a permanent post and, therefore, since he was selected and appointed as RT/GD and had undergone training, 'his services cannot be termed as temporary service'. It was further held that the Respondent was neither holding a temporary post nor in officiating service in a permanent post and, therefore, Rule 5(1) cannot have any application.

6. Secondly, the learned Single Judge held that the reasons assigned in paras 4 and 5 of the counter affidavit were not to be found in the termination order dated 9th November, 2010 and, therefore, the subsequent explanation could not be taken into consideration. Reliance was placed on the decisions in Mohinder Singh Gill v. The Chief Election Officer, New Delhi AIR 1978 SC 851 and Bhikubhai Vithlabhai Patel v. State of Gujarat (2008) 4 SCC 144. Further, the learned Judge distinguished the decision dated 15th October, 2008 of the Supreme Court in Civil Appeal No.6110 of 2008 (Union of India v. Sukhen Chandra Das) as having been decided in the facts and circumstances of the present case.

7. This Court has heard the submissions of Mr. P.K.Parhi, learned Deputy Solicitor General along with Mr. Chandra Kanta Pradhan, learned Senior Panel Counsel for the Appellant and Mr. S. Sourav, learned counsel for the Respondent.

8. It must be noticed at the outset that the fact that the Respondent in his verification form did not disclose the pendency of the above criminal case was unable to be denied even by the Respondent. The specific questions in 'Column 12(a) and 12(b)'are reproduced as under:

'(a) Have you ever been arrested, prosecuted, kept under detention or bounded down/fined, convicted, by a court of law for any offence or debarred/disqualified by any Public Service Com