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SANJAY KAROL, N. KOTISWAR SINGH
State of U. P. – Appellant
Versus
Dinesh Kumar – Respondent
ORDER
Leave Granted.
2. The State of Uttar Pradesh is in appeal against the judgment and order of the High Court of Judicature at Allahabad in Special Appeal No. 69 of 2025 passed by the Division Bench on 22nd May 2025, affirming the order of learned Single Judge in Writ A. No.817 of 2024 which had been preferred by the respondent when the appellant(s) herein cancelled his appointment as Sahayak Samiksha Adhikari. The learned Single Judge had allowed the application vide judgment dated 5th November 2024.
3. In short, the facts are that the Uttar Pradesh Public Service Commission issued an advertisement dated 5th March 2021 notifying the examination for recruitment of Samiksha Adhikari/Sahayak Samiksha Adhikari. The respondent was selected therein and pursuant to such a selection he was asked to furnish an attestation form and subsequently a verification form also. In both forms, particular questions have been put to the applicant whether there were any criminal cases pending against them. In both instances, the respondent had answered in the negative. The attestation form is Annexure P1 of the record and the verification form is Annexure P2. In actuality, there were two cases pending
(1) Termination – Suppression of involvement in criminal cases – Proper and complete disclosure in applications for government employment is not a simple procedural formality, but a basic requirement....
The concealment of minor criminal cases in employment applications should be evaluated contextually, considering the candidate's background and the nature of the offenses.
Non-disclosure of trivial criminal cases does not disqualify a candidate for government service; the appointing authority must consider the nature of the case and the candidate's overall suitability.
The cancellation of a candidate's selection based solely on the registration of a criminal case, without evidence of complicity, is unjustified and reflects a lack of proper consideration of the fact....
The court emphasizes that minor omissions in self-disclosure during recruitment can be reconsidered if disclosed later, balancing integrity with the potential for rehabilitation.
The deliberate furnishing of false information about the non-pendency of a criminal case can warrant the cancellation of candidature or termination of service, as per the guidelines laid down in rele....
The concealment of a pending criminal case during the employment application process can justify termination of services, as integrity and character are critical for positions within the judicial sys....
Non-disclosure of a trivial criminal case does not automatically disqualify a candidate for employment, especially if the case has been quashed.
The suppression of material facts during application must be judged contextually; non-disclosure alone does not automatically disqualify a candidate, especially if they later disclose relevant inform....
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