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RAVI NATH TILHARI, VENUTHURUMALLI GOPALA KRISHNA RAO
Govt. of AP, Prl. Scy, Home, Hyd – Appellant
Versus
Vadde Pavan Kumar Anantapur Dist – Respondent
JUDGMENT:
(per Hon’ble Sri Justice Ravi Nath Tilhari)
Heard Sri G.V.S. Kishore Kumar, learned Government Pleader for Services-I, appearing for the review petitioners and Sri S.V.S.S.Siva Ram, Sri Haranath Reddy Soma, Sri T.S.Venkataramana & M. Kesava Rao, appearing for the respondents in all the review petitions.
2. These review petitions are filed to review the common judgment dated 26.04.2023 passed in W.P.Nos.33306/2012, 17758/2013, 24990/2014 & 29006/2018.
Facts of the case:
3. The respondents in W.P.No.33304 of 2012, W.P.No.177518 and W.P.No.24000 of 2014 were initially selected as police constable in the State Police Service. The respondent in W.P.No.29006 of 2018 was selected as Reserve Sub Inspector (AR) as they were found to be qualified and eligible for appointment. Later on, on the ground of suppression of the factum of their involvement in respective criminal cases in the attestation form, the respondent in W.P.No.330306 of 2012 who was undergoing training and was in probation, was discharged from service and with respect to the respondents in other writ petitions, their selection was cancelled. All the respondents filed separate original application before the Andhra Prades
The court established that suppression of criminal history does not automatically disqualify candidates; each case must be assessed on its individual merits and circumstances.
Point of Law : High Court, as a Court of record, has a duty to itself to keep all the records correctly and in accordance with law.
Non-disclosure of minor criminal involvement does not automatically disqualify a candidate; suitability must be assessed holistically by the appointing authority.
An employee who suppresses material information or gives false information cannot claim a right to continue in service.
Suppression of material information in employment forms can justify cancellation of candidature, and subsequent acquittal may not warrant consideration for selection/appointment, especially in cases ....
Suppressing minor criminal information does not automatically disqualify candidates for government service; context and fairness must guide the decision-making process.
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