- (1.) Petitioner's candidature for appointment to the post of constable pursuant to recruitment exercise initiated in 2015, has been rejected by the order impugned dated 25th December 2018.
(2.) Perusal of the record would go to show that petitioner was selected for appointment to the post of constable. However, at the stage of verification of records, it transpired that NCR was registered against him. A notice was accordingly issued to petitioner on 17.12.2018 by the District Nodal Officer, according to which, NCR No. 178 of 2011 under Sections 323 , 504 , 506 IPC was registered against the petitioner, which fact had been suppressed in the affidavit. Petitioner submitted his reply to this notice stating that petitioner was not aware of lodging of the said case, nor his statement etc was recorded.
(3.) It is also stated that ultimately the investigation has resulted in a final report being submitted in the matter. The explanation of the petitioner, however, has not been accepted and treating it to be a case of suppression of relevant information, petitioner's candidature has been rejected by the order impugned. Learned counsel for the petitioner submits that petitioner was not aware about lodging of NCR and petitioner's candidature has not been examined in correct perspective. It is also stated that petitioner otherwise was falsely implicated in an offence which was trivial in nature. Reliance is placed upon para 38 of the Apex Court in the case of Avtar Singh Vs. Union of India and others 2016 (8) SCC 471. The Apex Court has considered all previous judgments on the issue and has summarized the principles in para 38 which is extracted hereinafter:- "38. We have noticed various decisions and tried to explain and reconcile them as far as possible. In view of the aforesaid discussion, we summarise our conclusion thus: 38.1. Information given to the employer by a candidate as to conviction, acquittal or arrest, or pendency of a criminal case, whether before or after entering into service must be true and there should be no suppression or false mention of required information. 38.2. While passing order of termination of services or cancellation of candidature for giving false information, the employer may take notice of special circumstances of the case, if any, while giving such information. 38.3. The employer shall take into consideration the government orders/instructions/rules, applicable to the employee, at the time of taking the decision. 38.4. In case there is suppression or false information of involvement in a criminal case where conviction or acquittal had already been recorded before filling of the application/verification form and such fact later comes to knowledge of employer, any of the following recourses appropriate to the case may be adopted: 38.4.1. In a case trivial in nature in which conviction had been recorded, such as shouting slogans at young age or for a petty offence which if disclosed would not have rendered an incumbent unfit for post in question, the employer may, in its discretion, ignore such suppression of fact or false information by condoning the lapse. 38.4.2. Where conviction has been recorded in case which is not trivial in nature, employer may cancel candidature or terminate services of the employee. 38.4.3. If acquittal had already been recorded in a case involving moral turpitude or offence of heinous/serious nature, on technical ground and it is not a case of clean acquittal, or benefit of reasonable doubt has been given, the employer may consider all relevant facts available as to antecedents, and may take appropriate decision as to the continuance of the employee. 38.5. In a case where the employee has made declaration truthfully of a concluded criminal case, the employer still has the right to consider antecedents, and cannot be compelled to appoint the candidate. 38.6. In case when fact has been truthfully declared in character verification form regarding pendency of a criminal case of trivial nature, employer, in facts and circumstances of the case, in its discretion, may appoint the candidate subject to decision of such case. 38.7.In a case of deliberate suppression of fact with respect to multiple pending cases such false information by itself will assume significance and an employer may pass appropriate order cancelling candidature or terminating services as appointment of a person against whom multiple criminal cases were pending may not be proper. 38.8. If criminal case was pending but not known to the candidate at the time of filling the form, still it may have adverse impact and the appointing authority would take decision after considering the seriousness of the crime. 38.9. In case the employee is confirmed in service, holding departmental enquiry would be necessary before passing order of termination/removal or dismissal on the ground of suppression or submitting false information in verification form. 38.10. For determining suppression or false information attestation/verification form has to be specific, not vague. Only such information which was required to be specifically mentioned has to be disclosed. If information not asked for but is relevant comes to knowledge of the employer the same can be considered in an objective manner while addressing the question of fitness. However, in such cases action cannot be taken on basis of suppression or submitting false information as to a act which was not even asked for. 38.11. Before a person is held guilty of suppressio veri or suggestio falsi, knowledge of the fact must be attributable to him." Submission is that petitioner?s claim has not been examined, in accordance with the aforesaid principles. ;