The suppression of material facts during application must be judged contextually; non-disclosure alone does not automatically disqualify a candidate, especially if they later disclose relevant information and are exonerated.

JUDGMENT :

ARVIND SINGH CHANDEL, J.

1. This petition has been preferred by the petitioner seeking the following reliefs:

“(i) For issuance of an order, direction or a writ of certiorari for quashing and setting aside the order contained in Memo No 434 dated 24.01.2022 whereby and where under the candidature of the petitioner has been cancelled for appointment to the post of Sub Inspector of Police against Advertisement No 01 of 2019 dated 21.08.2019 published by the Bihar Police Subordinate Service Commission.

(ii) For issuance of an order, direction or a writ of certiorari for quashing and setting aside the order contained in Memo No 896 dated 09.08.2023 whereby and where under the appeal filed by the petitioner against the order dated 24.01.2022 has been rejected by the Director General of Police (Personnel), Bihar.

(iii) For issuance of an order, direction or a writ of mandamus for directing the respondent authorities to appoint the petitioner to the post of Sub-Inspector of Police in consequence of the petitioner having been declared successful against Advertisement No 01/2019 by the Bihar Police Subordinate Service Commission with full back wages and consequential seniority and continuity of service.”

2. Facts of the case are that an advertisement was issued for recruitment against 206 vacancies of police Sub Inspector bearing Advertisement No 01 of 2019 on 21.08.2019. While filling up of the online application form on 14.09.2019 (Annexure P/2), the petitioner had declared that no FIR or criminal case has ever been registered against him nor any criminal case is pending against him in any Court of law. Preliminary examination was conducted on 22.12.2019. The result was published on 28.01.2020 wherein the petitioner was declared successful. Subsequently mains examination was conducted on 29.11.2020 and the result was published on 16.01.2021 and the petitioner was again declared successful. The physical test was conducted on 27.03.2021 and final result was declared on 17.06.2021. The petitioner emerged successful in the selection process. Thereafter, the petitioner reported for document verification and filled up a character verification form, (Annexure P/8) on 15.07.2021. While filling up the character verification form, the petitioner declared that there was no case pending against him.

3. The petitioner was earlier made an accused in Suryapura PS Case No 143 of 2019 dated 11.09.2019, i e, just three days before he has filled up his application form (Annexure P/2). The FIR was under Sections 379 , 323, 341, 147, 149 and 504 of the IPC. The petitioner was under an impression that the said case was closed against him. He went to the concerned Police Station on 20.07.2021, i e, after he filled up the character verification form and came to know that charge sheet has been submitted against him. Immediately, the petitioner disclosed the pendency of the case before the Superintendent of Police, Rohtas vide Annexure P/9 on 23.07.2021 and requested him to supervise the case again so that his selection is not affected as much as he was innocent and on the date of occurrence, he was taking training at Dhanbad Training Institute (Safety Camp) while working as Group D employee of the