Nirmaljit Kaur, J. - (1.) The prayer in the present petition is to set aside the order dated 12.05.2015 passed by the respondent No.3 and order dated 2.6.2015 passed by the respondent No.2 and grant appointment to the petitioner.
(2.) The facts as stated in the petition are that he applied for the post of constable (GD) in the CAPFs. He appeared in the written examination and was selected for the post. An appointment order was issued to the petitioner to join in BSF on 26.12.2014. The petitioner appeared for joining on the day and completed the formalities. He duly mentioned the details of the criminal case in the form required to be filled at the time of joining. The petitioner was directed to bring the copy of the final decision of the criminal case. The said order was duly made available. Thereafter the petitioner received a letter dated 12.5.2015 whereby the appointment of the petitioner was cancelled on the ground that the petitioner has been acquitted in the criminal case mentioned by him although in Section 451, 323, 34 IPC on the basis of compromise and in Section 336, he has been held guilty and released under the Probation of Offenders Act.
(3.) Learned counsel for the petitioner has relied on the judgment rendered by the Apex Court in the case of Avtar Singh Vs. Union of India & Ors. (Special Leave petition (c) No.20525/2011) decided on 21.07.2016 as well as the judgment rendered by the Division Bench of this Court in the case of Bhuta Ram Vs. The State of Rajasthan & Ors. (D.B. Civil Special Appeal (Writ) No.442/2016) decided on 08.08.2016 to contend that in a case of trivial in nature, the employer may in its discretion, ignore such suppression of fact or false information and the appointment on this ground should not be rejected as it does not involve morel turpitude.;