IMPORTANT POINT
Appointment – Candidate is obliged to give correct information as to his conviction, acquittal or arrest or pendency of criminal case and there should be no suppression or false mention of required information – Wrong information amounts to the suppression of correct information.

JUDGMENT :

Pankaj Mithal, J.

1. The Director General of Police, Tamil Nadu, Chennai has preferred this appeal against the final judgment and order dated 24.04.2009 passed by the Division Bench of the High Court allowing writ appeal no. 1487 of 2008 filed by the respondent, J. Raghunees, after setting aside the judgment and order of the Single Judge dismissing the writ petition.

2. In short, the judgment and order of the Division Bench is of reversal. The order dismissing the writ petition of the respondent was set aside in the writ appeal by the Division Bench and the writ petition was ultimately allowed.

3. The respondent was selected for the post of Grade-II Constable after he qualified the written test. Upon his selection, his antecedents were inquired into and in that connection an exercise for verification of his character and other antecedents was undertaken. In the discreet inquiry conducted for the purpose of the aforesaid verification, it was revealed that the respondent was involved in a criminal case registered as case crime no. 392 of 1997 for offences under Sections 341, 323, 324 and 506(II) of Indian Penal Code. The respondent was the third accused in the said case. He was acquitted in the said case by the Trial Court vide judgment and order dated 19.02.2001 but these facts were not disclosed by him.

4. Though there is some controversy as to the nature of the aforesaid acquittal i.e., whether it was an honorable acquittal or an acquittal by giving benefit of doubt but the same is not very material for us in the present appeal. Nonetheless, it may be pertinent to note that the writ court recorded a finding upon consideration of the judgment and order of acquittal dated 19.02.2001 that the charges were not proved against the respondent beyond reasonable doubt and the acquittal of the respondent was not strictly on the basis of doubt but because of want of evidence and as such it was an honorable acquittal. Notwithstanding as to whether the respondent was acquitted by giving benefit of doubt or was acquitted honorably, the issue before us is quite different and does not depend upon the nature of the acquittal.

5. The issue which has given rise to this appeal is that whether the respondent is guilty of suppression of material fact with regard to his involvement in the above criminal case so as to disentitle him to employment.

6. The authorities vide order dated 09.11.2004 held that the respondent was not entitled to appointment as he was guilty of suppressing material fact by not stating about his involvement in the criminal case while filling up column 15 of the attestation form.

7. The above order was challenged by the respondent by means of a writ petition before the High Court, which was dismissed but in writ appeal the judgment and order of the Learned Single Judge was set aside and the writ appeal was allowed on the reasoning that the respondent was acquitted from the criminal case much before the verification and therefore, the respondent rightly thinking that his involvement in the criminal case is of no relevance bona fidely failed to mention about the same and as such suppression of this information cannot be considered to be willful or intentional so as to deprive him of service pursuant to his selection.

8. The Tamil Nadu Special Police Subordinate Service Rules, 1978 provides for the eligibility criteria for the recruitment and appointment in the State Police Service. It, inter alia, provides that no person shall be eligible for the appointment to the service by direct recruitment unless his character and antecedents are such as to qualify him for such service. For the sake of convenience, the relevant Rule 14(b) is reproduced below :

“Extract of Rule 14(b) of Tamil Nadu Special Police Subordinate Service Rules 1978

14(b) No person shall be eligible for appointment to the service by direct recruitment unless he satisfies the appointing authority.

(i) that he is of sound health, active habits and free from any bodily