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Showing contexts for: false undertaking in Rajesh Kumar vs Govt. Of Nct Delhi Through on 19 September, 2011Matching Fragments
Honble Shri George Paracken:
Applicant is aggrieved by following impugned orders:
(1) Annexure A-1 notice dated 19.7.2010 stating that the applicant has committed the following misconduct and asking him to show cause as to why his services should not be terminated under Rule 5 (1) of CCS (Temporary Service) Rules, 1965. It reads as under:-
Recruit Const. Rajesh Kumar No.17491/PTC (PIS No.28105793) (Roll No.446638) was selected in Delhi Police during the recruitment held in year 2009. He joined the department on 20.1.2010 and was undergoing his basic training at PTS/Jharoda Kalan, New Delhi. At the time of filling of Application Form for the above mentioned post he did not mention detail, of the criminal proceeding in column No.15 (a to e) and mentioned No against the each column. In the beginning of the application form for the post of Const.(Exe.) Male in Delhi Polic-2009 in the column of warning, it has been clearly mentioned that furnishing of false information or suppression of any factual information in the application form would be a disqualification for the job. Also, at the time of filling up of attestation form, he did not disclose any details of the criminal involvement in column No.11 (b). The police verification report received in Recruitment Cell, Delhi Police from Supdt. of Police/Jhajjar (Haryana) revealed that a case FIR No.209 dated 26.6.2005 u/s 323/452/506 IPC, PS Sadar Bahadurgarh, Distt. Jhajjar, (Haryana) was registered against him. Thus, he had suppressed his criminal involvement in application as well as in attestation form. Besides, he had also submitted a false undertaking at the time of obtaining of offer of appointment letter and succeeded in joining the department by adopting deceitful means. The concealment of facts regarding involvement in a criminal case at initial stage clearly reflects his malafide intention. (2) Annexure A-2 order dated 25.8.2010 by which the Additional Commissioner of Police and Principal, Police Training College, (PTS, for short) Jharoda Kalan, New Delhi terminated his service with immediate effect after going through his reply to the aforesaid Annexure A-1 show cause notice submitted by him and hearing him in person. It reads as under:-
The R/Const. has also mentioned No in the attestation form at 11(b) i.e. whether any FIR was ever register against you, if yes give complete detail.
Warning in this regard at the top of the attestation form has clearly been notified that :-
1. The furnishing of false information or suppression of any factual information in the attestation form would be disqualification and is likely to render candidate unfit for employment under the Govt.
The R/Const. has also submitted a false undertaking at the time of obtaining the offer of appointment letter and succeeded in joining the department by adopting deceitful means.
I have gone through the police verification report received in Rectt. Cell of Delhi Police from Supdt. of Police/Jhajjar (Haryana) which revealed that a case FIR No.209 dated 26.6.2005 U/s 23/452/506 IPC, PS Sadar Bahadurgarh Distt. Jhajjar (Haryana) was registered against him in which he has been acquitted by the Honble Court.
As per the position explained above, it is undoubtedly clear that the R/Const. has suppressed the facts in the application form/attestation form for the recruitment of Const.(Exe) Male in Delhi Police-2009, as well as submitted false undertaking.