Public employment – Selection and appointment – Non-disclosure of criminal case and acquittal in the affidavit given after selection – Effect –
The vexed question of effect of non-disclosure of antecedents on the selection and appointment has come up for decision before the Supreme Court. Interesting facts.
On 12.2.2004, the appellant had applied for the post of Constable
On 17.2.2004, after submission of the application, criminal case was filed against him for offences under Sections 324, 353 and 504 of IPC.
On 13.9.2004, he was acquitted in the said criminal case.
On 30.10.2004, after selection, the appellant filed affidavit that no criminal case was registered against him. He did not disclose the earlier case since he bona fide believed that since he was acquitted in the said case.
On 12.4.2005, the selection was cancelled for non-disclosure of the criminal case. However, the police verification final report dated 9.12.2004 was submitted and it was stated that the appellant was acquitted in the criminal case, no appeal was filed, no other case and his character is excellent. Moreover, Gram Pradhan also gave certificate of excellent character of the appellant.
On 10.12.2004, the Superintendent of Police, Deoria, informed Commandant, 8th Battalion, PAS, that the appellant was eligible for government service.
HELD that instead of considering the question whether the appellant was suitable for appointment, the Authority had mechanically held his selection as irregular and illegal because he had furnished an affidavit with incorrect facts. Applying the broad principles set out in para 93.7 of its earlier judgment in Satish Chandra Yadav case, the cancellation was neither fair nor reasonable. Clause 9 of the Recruitment Notification has to be read in the context of the law laid down in the cases by the Supreme Court. Broad-brushing ever non-disclosure as a disqualification will be unjust.
Judgment dated 22.2.2024 in Civil Appeal No.5092 of 2012 of Ravindra Kumar Vs. State of U.P. and others
