Employment applicants must disclose criminal antecedents, and failure to do so can result in termination under applicable rules.

JUDGMENT :

Rajesh Kumar Verma, J.

Heard Mr. Mukesh Kumar, the learned counsel for the petitioner and Mr. Rajesh Kumar, the learned counsel appearing on behalf of the Union of India.

2. The present writ petition has been filed for quashing the order dated 12.01.2012 (Annexure-9) and order dated 26.04.2012 (Annexure-1), whereby the respondent authority has rejected the case of the petitioner under Rule-5 (2) (a) of Central Civil Services (Hereinafter referred to as ‘CCS’) (Temporary Service Rule, 1965).

3. Learned counsel for the petitioner submits that pursuant to an advertisement published by the respondents, the petitioner applied for the post in question and subsequently he got selected and was appointed to the said post on 15.05.2010.

4. Learned counsel for the petitioner submits that after his enrollment, he filled up the form no. 25 and gave declaration with respect to the various details and also with respect to his character and antecedent. Learned counsel for the petitioner submits that he has filed the same on 09.06.2010, whereby he has stated that there is no case pending against him. Learned counsel for the petitioner submits that on the date of filing the form with respect to the character and criminal antecedent, the petitioner had no prior knowledge about the criminal case and unexpectedly on 12.01.2010, the respondent no. 4 issued an order by which the petitioner was terminated under Rule-5(1) of CCS (Temporary Service Rule, 1965), which is as under:

“(1) (a) The services of a temporary Government servant shall be liable to termination at any time by a notice in writing given either by the Government servant to the appointing authority or by the appointing authority to the Government servant;

(b) the period of such notice shall be one month.

Provided that the services of any such Government servant may be terminated forthwith and on such termination, the Government servant shall be entitled to claim a sum equivalent to the amount of his pay plus allowances for the period of the notice at the same rates at which he was drawing them immediately before the termination of his services, or as the case may be, for the period by which such notice falls short of one month.

NOTE:- The following procedure shall be adopted by the appointing authority while serving notice on such Government servant under clause (a).

(i) The notice shall be delivered or tendered to the Government servant in person.

(ii) Where personal service is not practicable, the notice shall be served on such Government servant by registered post, acknowledgement due at the address of the Government servant available with the appointing authority.

(iii) If the notice sent by registered post is returned unserved it shall be published in the Official Gazette and upon such publication, it shall be deemed to have been personally served on such Government servant on the date it was published in the Official Gazette.”

5. Learned counsel for the petitioner submits that petitioner challenged the termination order in CWJC No. 2236 of 2012 and the same was withdrawn on 03.02.2012 with a liberty to avail the remedy under Rule-5 (2)(a) of CCS (Temporary Service Rule, 1965) and the writ petition was disposed of with a direction to dispose of the application of the petitioner in six weeks from the date of publication.

6. Learned counsel for the petitioner submits that in terms of Rule-5 (2)(a) of CCS (Temporary Service Rule, 1965) petitioner has filed an application before the appellate authority and the appellate authority has rejected the appeal of the petitioner vide order dated 26.04.2012.

7. Learned counsel for the petitioner lastly submits that th