IMPORTANT POINT
Non-disclosure of a trivial criminal case does not automatically disqualify a candidate for employment, especially if the case has been quashed.

ORDER :

Ravi Nath Tilhari, J.

Heard Sri M.Srinivasa Rao, learned Assistant Government Pleader for Services – I and Sri Ramachangeswara Rao Kocherlakota, learned counsel representing Sri R.S.Murthy, learned counsel for the respondent.

2. The respondent – M. Kotireddy, applied for the post of SCT PC (A.R.) (Men) from Prakasam District pursuant to the notification issued by petitioner No.2 herein. On 20.04.2011, petitioner No.3 herein issued proceedings cancelling his provisional selection on the ground that he had suppressed the fact of the involvement in the criminal case in the attestation form. The Criminal case was registered under Section 324 IPC arising out of Crime No.11/2010 of Chinaganjam Police Station. The police after investigation filed charge sheet and the same was taken on the file as C.C.No.264 of 2010 by the Additional Judicial Magistrate First Class, Chirala.

3. Challenging the said memo of cancellation, the respondent filed OA.No.7000 of 2011 which has been allowed by Andhra Pradesh Administrative Tribunal, Hyderabad vide order dated 19.01.2012.

4. The operative portion of the order dated 19.01.2012 reads as under:

“14. In the above circumstances, the orders passed by the respondents cancelling the selection of the applicant for the post of SCTPC (AR) (Men) is liable to be set aside and is accordingly set aside. The OA is accordingly allowed. The respondents are directed to send the applicant for SCTPC(AR)(Men) training by issuing selection order.”

5. Challenging the order dated 19.01.2012, the writ petition has been filed.

6. The Tribunal has allowed the petition on the ground that proceeding of the criminal case was challenged in CRL.P.No.13712 of 2010 before this Court which was allowed on 31.12.2010 and the proceeding in C.C.No.264 of 2010 was quashed. The respondent was discharged by the Court concerned. It also observed that on the date the application was submitted by the respondent there was no criminal case against him but at the time the attestation form was filed, there was the case filed under Section 324 IPC, which was not disclosed in the attestation form. The Tribunal placed reliance in Commissioner of Police V. Sandeep Kumar (2011) 4 SCC 644 in which it was held that the offence was not of serious nature, mere non mention would not automatically disqualify. In such cases a more lenient view should be taken.

7. Learned Assistant Government Pleader raised the only submission that there was non-disclosure of the criminal case and the same being correct, there was no illegality in the cancellation memo. The Tribunal ought not to have interfered with the same.

8. Learned counsel for the respondent supported the order on the strength of Sandeep kumar (supra).

9. We have considered the submissions advanced and perused the material on record.

10. The law on the subject of non-disclosure of criminal case in the attestation form and its effect on the selection/appointment is well settled. We may refer the recent pronouncement in Ravindra Kumar v. State of U.P.2024 SCC OnLine SC 180

11. In Ravindra Kumar (supra) the Hon’ble Apex Court observed and held that the nature of the office, the timing and nature of the criminal case; the overall consideration of the judgment of acquittal; the nature of the query in the application/verification form; the contents of the character verification reports; the socio economic strata of the individual applying; the other antecedents of the candidate; the nature of consideration and the contents of the cancellation/termination order are some of the crucial aspects which should enter the judicial verdict in adjudging suitability and in determining the nature of relief to be ordered. It was emphasized, referring to the judgment in the case of Avtar Singh v. Union of India (2016) 8 SCC 471, that though a person who has suppressed the material information cannot claim unfettered right for appointment or continuity in service but he has a right not to be dealt with arbitrarily and exercis