- (1.) The present appeal arises from order dated 27.1.2015 dismissing S.B.Civil Writ Petition No.11867/2013. The learned Single Judge declined to interfere with the order of termination dated 15.3.2013 of the Appellant from the post of Constable (GD) in the Border Security Force on the ground that at the time of his appointment he had concealed the fact of being an accused in a criminal case and deliberately mentioned a wrong answer "NO" in column no.12.
(2.) Learned counsel for the Appellant acknowledges the mistake but submits that it was bonafide due to lack of understanding. He has still not been pronounced guilty. The FIR in question dated 8.6.2009 under Section 323 and other Sections of the Indian Penal Code was on account of a village dispute with case and counter case. Reliance is placed on order dated 21.7.2016 in Special Leave Petition (C) No.20525/2011 and analogous SLPs (Avtar Singh V/s Union of India (UOI) and ors.) to submit that this lapse on part of the Appellant does not justify termination after approximately two years of service. We have heard counsel for the respondents also.
(3.) The learned Single Judge has relied upon Devendra Kumar V/s State of Uttaranchal and ors., 2013 STPL (Web) 608 SC. It was on account of divergence in judicial views that the reference in Avtar Singh came to be answered with observations and directions as contained in paragraph 30 as follows:- "30. We have noticed various decisions and tried to explain and reconcile them as far as possible. In view of aforesaid discussion, we summarize our conclusion thus: (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. (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. (3) The employer shall take into consideration the Government orders/instructions/rules, applicable to the employee, at the time of taking the decision. (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 recourse appropriate to the case may be adopted: - (a) 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. (b) Where conviction has been recorded in case which is not trivial in nature, employer may cancel candidature or terminate services of the employee. (c) 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. (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. (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. (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. (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. (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. (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 fact which was not even asked for. (11) Before a person is held guilty of suppressio veri or suggestio falsi, knowledge of the fact must be attributable to him.";