Judgment :-

Fakkir Mohamed Ibrahim Kalifulla, J.

1. Leave granted.

At the very threshold, we are confronted with a question as to which of the judgments which have taken conflicting views have to be followed in the matter of termination of a Constable in the Police Department, who concealed certain relevant facts which he was called upon to disclose after his selection was finalized and after order of appointment was issued by placing him on probation.

2. The brief facts of the case are; the appellant applied for the post of Constable pursuant to which he participated in the physical test held in the month of October, 2006. He having cleared the physical test was permitted to appear in the written examination which was held on 5.11.2006. Having come out successful in the written test also, he participated in the interview held in the month of November, 2006. After a subsequent medical examination, the appellant, along with others was declared fit and was sent for training.

3. At the time of consideration of the appellant’s claim, a Declaration Form in the form of an Affidavit was called for in order to ascertain his conduct and involvement in any criminal or civil case. The appell