Non-disclosure of material information in employment must be intentional and relevant to warrant discharge.

ORDER :

1. The Writ Petition is filed under Article 226 of the Constitution of India seeking to declare the orders in Memo No.EE/Opn/HDP/JAO/Adm/C2/F-EA/D.No.2398/2022 dated 05.9.2022 issued by the 2nd respondent is illegal, arbitrary and consequently set aside and direct the respondents to reinstate the petitioner into service with all back wages and to pass such other order or orders as the Court may deem fit and proper.

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing for respondents.

3. The contention of the petitioner is that he has applied for the post of male Energy Assistant in Village/Ward secretariat with respect to the notification issued by Respondent no.1 in the month of July 2019. Accordingly, he got selected and joined duty on 02.10.2019 and since then rendering the services without any remark. There is question in the Attestation Form which reads as follows:

12. Have you ever been convicted by a Court of law or detained under any State/Central Preventive detention laws for any offence? Whether such conviction sustained in the court of Appeal or set aside by the appellate Court if appealed against:

While filling up the “Attestation Form” on 02.12.2019 the petitioner has not submitted his response to the said question because of the impression that the said question is about conviction and detention. Since as there is no reference to fine, the petitioner did not answer the said question as he was of the opinion that he had only paid the fine amount and that does not amount to conviction. Thereafter, respondent accepted the petitioner’s candidature and issued joining order. Subsequently, the 2nd respondent issued a show cause notice as to why the petitioner should not be discharged from service, vide Memo No.EE/Opn/HDP/JAO/Adm/C2/F-EA/D.MO.1246/2022 dated 13.5.2022 alleging that on verification of character and antecedents of the petitioner, he received adverse remarks from the Superintendent of Police, Ananthapuramu District vide letter dated 11.3.2022 stating that petitioner was involved in Crime No.50/2019 which was registered under Sections 188, 298, 290 IPC and Section 76 of HCP Act of Begum Bazar Police Station, Hyderabad and was penalized with an amount of Rs.1,500/- by XVII Additional Chief Metropolitan Magistrate, Hyderabad in C.C.No.407/2018 dated 14.7.2018. Hence, petitioner mislead the authorities by hiding the above information and got job through false averments. To the said show cause notice, petitioner submitted his explanation on 31.5.2023 stating that not answering the question was only due to the misunderstanding of the question, which was a bonafide mistake but not a deliberate and wilful one and requested the 2nd respondent to drop further proceedings. After receiving the explanation, 2nd respondent passed orders in MEMO No.EE/Opn/HDP/JAO/Adm/C2/FEA/ D.No.2398/2022 dated 05.9.2022 discharging the petitioner from duties holding that he mislead the authorities by hiding the information about criminal proceedings.

4. Learned counsel appearing on behalf of the petitioner submitted that, while petitioner was in Hyderabad before joining the service, on 30.3.2018 observed gathering of persons at a place and went to see what’s happening. Unfortunately, the Begumpet Police came and took the persons at the gathering including the petitioner who has nothing to do with and not even aware of what the crime was and released later. Only after receiving the summons from learned XVII Additional Chief Metropolitan Magistrate, Hyderabad in connection with C.C.No.407/2018, petitioner enquired about the case and realized that the police registered a case alleging that all the accused therein have committed an offence of forcing the public to convert into Christian Community by distributing pamphlets promoting Christianity (which indicated "ESU NI NAMMUKO BAGUPADUTAVU”). In the charge sheet petitioner was shown as accused no.7 as he belong to Christian community, but he