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Neutral Citation No. - 2024:AHC:44266-DB
AFR
Court No. - 29
Case :- WRIT - A No. - 68541 of 2015
Petitioner :- Ravendra Singh
Respondent :- Union Of India And 3 Others
Counsel for Petitioner :- Bhupendra Nath Singh,Devendra Pratap
Singh,Poorva Agarwal,Punit Kumar Gupta
Counsel for Respondent :- Vivek Singh,Anil Kumar,Ashok Kumar Gaur
With
Case :- WRIT - A No. - 41433 of 2015
Petitioner :- Union Of India Thru General Manager And 2 Others
Respondent :- Central Administrative Tribunal Thru Its R.G. And Another
Counsel for Petitioner :- A.K. Gaur,Anil Kumar
Counsel for Respondent :- Bhoopendra Nath Singh,Poorva Agarwal,Punit
Kumar Gupta
Hon'ble Vivek Kumar Birla,J.
Hon'ble Donadi Ramesh,J.
1. Heard Shri Punit Kumar Gupta, learned counsel for the petitioner in Writ -
A No. 68541 of 2015 and respondent no.2 in connected Writ-A No.41433 of
2015 as well as Shri A.K.Gaur, learned Senior Counsel assisted by Shri Anil
Kumar, learned counsel appearing for Union of India in both writ petitions.
2. Writ - A No. 68541 of 2015 has been filed with the following prayer:-
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3. Writ-A No.41433 of 2015 has been filed with the following prayer:
4. The facts in both writ petitions are similar, therefore, they are being
decided finally with a common judgment.
5. Facts in brief are that pursuant to the advertisement issued by Railway
Recruitment Board, petitioner/respondent no.2-Ravendra Singh applied for
the post of Junior Engineer-II (Tele). He appeared in the written test and
declared successful, subsequently, he was called for interview and after
being selected, his name was sent to General Manager, North Western
Railway, Jaipur vide Railway Recruitment Board, Ajmer letter dated
31.08.2011. Thereafter, he joined in the respondent organization on
02.11.2011. Subsequently, the respondent no.3 issued a show cause notice to
Ravendra Singh on 12.03.2012 for concealment of fact in replying Item
No.11(b) in the Attestation Form. Thereafter, he submitted his reply on
23.03.2011, Annexure-4 to the writ petition. Considering the said reply the
respondents have passed an order on 10/25.05.2012, cancelling the
appointment of the petitioner. Assailing the said order, petitioner- Ravendra
Singh filed Original Application No.1592 of 2012 before the Central
Administrative Tribunal, with a consequential prayer to treat the petitioner in
service from the date when junior in merit in the select list was given
appointment and pay the salary and other consequential benefits including
seniority etc.
6. In the counter reply filed on behalf of the respondents before the Tribunal,
the facts of the case have not been disputed. It has been submitted that the
panel dated 31.08.2011 supplied by R.R.B. has expired on 31.08.2012 in
terms of Railway Board Letter dated 15.03.2012 and it will not be feasible to
give appointment to those candidates who have furnished false information
and suppressed any factual information And the said warning is also
contained in Railway Board’s Letter dated 20.10.2013 at Item No.1 in the
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Attestation Form. It was further stated that the applicant has furnished false
information in his Attestation Form and deliberately concealed the fact
regarding his prosecution in a criminal matter. It was further contended that
earlier the petitioner was prosecuted in a criminal case registered under
Section 323/504/325 IPC.
7. The submission of the learned counsel appearing on behalf of
petitioner/respondent no.2-Ravendra Singh is that due to ignorance and
mistake, Ravendra Singh has not given true answer to the question relating
to prosecution. It is submitted that in the year 2001, an N.C.R. under Section
323, 504 IPC was registered against him and subsequently a charg
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