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RAVI NATH TILHARI, NYAPATHY VIJAY
State of Andhra Pradesh – Appellant
Versus
M. Koti Reddy – Respondent
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:
Non-disclosure of a trivial criminal case does not automatically disqualify a candidate for employment, especially if the case has been quashed.
Non-disclosure of minor criminal involvement does not automatically disqualify a candidate; suitability must be assessed holistically by the appointing authority.
Suppression of material facts regarding pending criminal cases has a clear bearing on the character, conduct, and antecedents of the employee, and can lead to termination of services.
The employer's decision to cancel the petitioner's selection was not reasonable or objective and that it violated the principles of natural justice.
The court held that the non-disclosure of a past criminal case requires careful evaluation of circumstances, and automatic cancellation of appointment is arbitrary.
Non-disclosure of a past minor criminal case does not automatically justify termination of employment; each case must be evaluated on its specific facts and circumstances.
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