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Avtar Singh vs Union Of India & Ors on 21 July, 2016

6. From the allegations recorded in the above extract, it cannot be said that the applicant was involved a case of trivial nature. Further one more aspect is that the departmental enquiry was held and the enquiry report was submitted on 17.12.2004 and the disciplinary authority passed the penalty order in 2010. The appellate order is also passed in 2010 and the revision order is also passed in 2012. Whereas, the law laid down by the Hon'ble Supreme Court in the said case of Avtar Singh (supra) is of the year 2016. In the circumstances, as submitted by the counsel for respondents, the law laid down by the Hon'ble Supreme Court can be operative only prospectively and as such the findings and the impugned order of penalty upto the revisional order referred to above which are all before 2012 cannot be faulted. Further in conditions no 1 to 3 of the attestation form with respect to which he had given alleged false information, it is specifically stated that furnishing any false 7 OA 1059/2013 information would disqualify the candidate and if the said factual information is found to be false later they would be terminated. The said three conditions are extracted below:-
Supreme Court of India Cites 38 - Cited by 1443 - A Mishra - Full Document
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