The court emphasizes that minor omissions in self-disclosure during recruitment can be reconsidered if disclosed later, balancing integrity with the potential for rehabilitation.

JUDGMENT :

HARISH KUMAR

This Court has heard Mr. Ranjeet Kumar, learned Advocate for the petitioner, Mr. Suman Kumar Jha, learned Advocate for the State and Mr. Vivek Anand Amritesh, learned Advocate of the Bihar Police Sub-Ordinate Services Commission (for short ‘the Commission’), at length.

2. The petitioner is aggrieved with the order dated 22.01.2021 as contained in Memo No. 22 dated 25.01.2021 passed by the respondent no.4, the Deputy Inspector General, Special Work Force, Bihar, Patna, whereby the petitioner has been declared ineligible for appointment to the post of Police Sub Inspector on account of concealment of criminal case(s) in his acknowledgment to be filled up along with the application form.

3. The facts, which are germane for adjudication of the issue posed before this Court, in brief, are that the petitioner who was an aspirant for the post of Assistant Sub Inspector has submitted his application in response to the Advertisement No. 01/2017 issued by the Commission. In the application form, an acknowledgment was required to be filled up by making certain declaration regarding criminal case(s). Admittedly, the petitioner has filled up the same in the following manner:-

4. The petitioner successfully passed the preliminary and mains examination and also got qualified in the physical test. Having been declared successful in all the afore-noted examination/physical evaluation test(s), the petitioner was selected on the post of Assistant Sub Inspector vide Memo No. 211/Commission dated 09.03.2019 issued under the signature of of the Special Works Officer of the Commission with a direction to the petitioner to ensure his joining along with all requisite certificates in original, besides photographs and identity proof.

5. During the course of verification, on 27.04.2019, the petitioner disclosed about two criminal cases viz. Wazirganj P.S. Case No. 50 of 2011 registered for the offences punishable under Sections 447 , 341, 307, 504 and 354/34 of the INDIAN PENAL CODE , which was later on ended in the acquittal of the petitioner, vide judgment dated 30.08.2019 passed by the learned Additional District and Sessions Judge-VIII, Gaya in Sessions Trial No. 154 of 2016. Another case, which was disclosed by the petitioner was Wazirganj P.S. Case No. 111 of 2019 registered for the offences punishable under Sections 34 1, 323, 354 and 504/34 of the INDIAN PENAL CODE , wherein he was not arrayed as an accused. However, his name was transpired in the course of investigation but the final form was submitted vide Final Form No.127/2019 dated 06.07.2019, finding the case not true against the petitioner. The copy of the judgment and the final form are marked as Annexure-6 series to the writ petition. The petitioner submitted his joining on 27.05.2019 along with the declaration form. However, subsequent thereto, the Deputy Superintendent of Police (Home), I.G. Office, Magadh Range, Gaya vide Memo No.