M.R.SHAH, J. - (1.) Leave granted.
(2.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 05.09.2019 passed by the High Court of Judicature for Rajasthan, Bench at Jaipur in D.B. Special Appeal Writ No. 560/2019, as well as the order dated 05.12.2019 passed in D.B. Review Petition (Writ) No. 250/2019, by which the Division Bench of the High Court has dismissed the said appeal and has confirmed the judgment and order passed by the learned Single Judge dated 23.01.2019 by which the learned Single Judge allowed the said writ petition preferred by the respondent herein and quashed and set aside the order of termination terminating the services of the respondent - employee herein - original writ petitioner on the ground of suppression of material facts of conviction and penalty at the time of applying for the post in 2013 and also submitting a false declaration at the time of documents verification on 14.04.2015, the employer - Rajasthan Rajya Vidyut Prasaran Nigam Limited and another have preferred the present appeal.
(3.) That the appellants herein invited applications for the post of Technical Helper by issuing advertisement in the month of October, 2013. Pursuant to the said advertisement, respondent herein - employee applied for the said post. The written test was held on 02.02.2014 and result of which was declared on 31.03.2015. The date fixed for the documents ' verification was 14.04.2015. The respondent herein having qualified for the said post was appointed as a Technical Helper as probationer trainee for a period of two years on 06.05.2015 and was placed under Superintending Engineer, RVPN, Jodhpur. As per condition No. 16 of the terms and conditions of the appointment order, the appointment of the respondent was subject to production of a character certification/verification report issued by the Superintendent of Police of the concerned District where he belongs. The Superintendent of Police, Sawai Madhopur vide police verification/antecedents report dated 5.6.2015 informed the appellants that a Case bearing No. 13/2011 against the respondent-employee for the offences under Sections 143, 341, 323 IPC in which a chargesheet was filed against the respondentemployee on 17.01.2011 and the learned trial Court convicted the respondent-employee vide judgment and order dated 5.8.2013, convicting him for the offences under Sections 341 and 323 IPC, however, given the benefit under the Probation of Offenders Act, 1958 (hereinafter referred to as "Act 1958 "). While giving the benefit of Act 1958, the respondent-employee was ordered to be released on probation for good conduct. It is to be noted that even subsequently such conviction of the respondent-employee came to be confirmed, however, the learned Sessions Judge vide judgment dated 09.09.2015 granted the benefit of Section 12 of the Act 1958 to the respondent-employee which provides that a person shall not suffer disqualification attaching to the conviction. 3.1 Having found that the respondent-employee deliberately suppressed the fact of conviction and penalty, not only at the time of applying for the post, but also on 14.04.2015 whereby he submitted a declaration during documents verification that neither criminal case is pending against him nor he has suffered any conviction by any court of law in any criminal case and finding concealment of facts of criminal case, the appellants issued a show cause notice dated 31.08.2015 to the respondent-employee and granted him an opportunity of being heard on 15.03.2016 and having found that in view of suppression of material fact of not disclosing his conviction by the competent court, respondentemployee shall not be continued in service and therefore vide order dated 6.5.2016, the appellants terminated the services of the respondent-employee. 3.2 Aggrieved by the order of termination, the respondent-employee preferred Writ Petition No. 6969 of 2016 before the learned Single Judge of the High Court. The learned Single Judge of the High Court solely relying on the judgment of this Court in the case of Avtar Singh v. Union of India, reported in (2016) 8 SCC 471, and also on order dated 9.9.2015 passed by the learned Sessions Judge in appeal granting benefit of Section 12 of the Act 1958, allowed the writ petition and quashed and set aside the order of termination and directed the appellants to reinstate the respondent-employee with all consequential benefits. 3.3 Feeling aggrieved and dissatisfied with the judgment and order passed by the learned Single Judge, quashing and setting aside the order of termination and directing the appellants to reinstate the respondent-employee, the appellants-employer preferred appeal before the Division Bench being D.B. Special Appeal Writ No. 560 of 2019. The Division Bench also solely relying upon para 38.4.1 of the decision of this Court in the case of Avtar Singh (supra) and observing that the employee was held guilty in a dispute of trivial nature with his father, uncle, brother and cousin and as it was a trivial nature dispute and such a dispute which even if disclosed could have been ignored by the employer because of the benefit of Section 12 of the Act 1958, the Division Bench by the impugned judgment and order has dismissed the said appeal and has confirmed the judgment and order passed by the learned Single Judge, directing reinstatement of the employee with all consequential benefits. The review petition preferred by the appellants herein has also been dismissed. ;