Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
ARVIND SINGH CHANDEL
Rakesh Kumar Singh S/o Shri Kanhaiya Singh – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. petitioner seeks relief against cancellation of candidature. (Para 1) |
| 2. petitioner claims no knowledge of pending criminal case. (Para 2 , 3) |
| 3. counsel argues petitioner made innocent mistake. (Para 4) |
| 4. state contends petitioner concealed material facts. (Para 5) |
| 5. court reviews evidence and arguments presented. (Para 6 , 7) |
| 6. supreme court emphasizes objective criteria in employment suitability. (Para 8) |
| 7. clarifies suppression of material information is not always disqualifying. (Para 9) |
| 8. circumstances dictate that non-disclosure may not be fatal. (Para 10) |
| 9. court finds petitioner's non-disclosure not fatal to candidacy. (Para 11 , 12 , 13) |
| 10. court quashes orders and directs appointment without arrears. (Para 14 , 15 , 16 , 17 , 18 , 19) |
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
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 inform....
The cancellation of a candidate's selection based solely on the registration of a criminal case, without evidence of complicity, is unjustified and reflects a lack of proper consideration of the fact....
The court emphasizes that minor omissions in self-disclosure during recruitment can be reconsidered if disclosed later, balancing integrity with the potential for rehabilitation.
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 ....
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.
A candidate's non-disclosure of a past acquitted criminal case does not automatically justify disqualification from public service; each case must be assessed on its merits and surrounding context.
Non-disclosure of minor criminal involvement does not automatically disqualify a candidate; suitability must be assessed holistically by the appointing authority.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
