A mere wrong statement in an application does not disqualify a candidate if it is immaterial to their conduct, especially when the nature of the alleged offences is trivial.

JUDGMENT :

Tapabrata Chakraborty, J.

1. The present appeal has been preferred against a judgment dated 27.03.2024 delivered by the learned Single Judge in a writ petition being WPA 4419 of 2019 preferred by one Ram Asheesh Yadav (in short, Ram) challenging inter alia an order of discharge dated 3.04.2018 passed by the respondent no.2.

2. Shorn of unnecessary details, the facts are that Ram participated in a selection process for appointment to the post of Constable under the Railway Protection Force (hereinafter referred to as RPF). He emerged to be successful and submitted the attestation form on 24.05.2014. Being provisionally selected, he was called for training vide memo dated 09.10.2014. As directed, Ram had to execute an affidavit on 21.10.2014. In connection with a Criminal Case No.1 of 2011 u/s 341, 504 and 506 of IPC initiated against him and his family members, Ram was instantly enlarged on bail on 27.01.2011. Thereafter, he had no knowledge about pendency of the case till he received summons on 28.05.2014 and he was acquitted by an order dated 29.05.2015. Subsequent thereto, by a memo dated 31.07.2015 his candidature was cancelled placing reliance upon a report of the Superintendent of Police, Gorakhpur dated 08.06.2015 forwarded by the Additional District Magistrate vide memo dated 07.07.2015. Challenging the same, Ram preferred a writ petition being A-49825 of 2015 before the Hon’ble High Court of Judicature at Allahabad in which being prima facie satisfied that there was no suppression of fact on Ram’s part, an interim order was passed on 03.09.2015 directing the respondents to allow Ram to complete his training but observing that his appointment shall not be made without the leave of the Court. The said writ petition was finally disposed of by an order dated 08.01.2018 quashing the order of cancellation of candidature and granting liberty to reconsider the matter and to pass a fresh appropriate order. Pursuant thereto, the respondent no. 2 passed an order on 13.04.2018 cancelling Ram’s candidature. Aggrieved by the said order, Ram again preferred a writ petition being A-917 of 2019 before the Hon’ble High Court of Judicature at Allahabad but by an order dated 21.01.2019 the said writ petition was dismissed on the ground of lack of territorial jurisdiction. Thereafter Ram preferred a writ petition being WPA 4419 (W) of 2019 before this Court and the judgment dated 27.03.2024 delivered in the same has been impugned in the present appeal.

3. Mr. Majumder, learned advocate appearing for appellant/Ram submits that there was a bona fide mistake on the part of the appellant in answering the question as to whether he had been ever prosecuted as ‘No’ in clause 12 (i) (b) and in answering the question as to whether any case is pending against him in any other court of law at the time of filling up the attestation form as ‘No’ in clause 12 (i) (i) of the attestation form. For such omission, the employer could not have arbitrarily discharged him from service. He was of a tender age on the date of the alleged incident. He along with his family members were illegally roped in. No specific overt act was attributed to him in the complaint and he also did not suffer incarceration. Finally, Ram had been honourably acquitted from the said criminal case by a judgment delivered by the competent Court on 29.05.2015. Without considering such facts, the respondent no. 2 in an arbitrary manner passed the order of discharge. Such argument, as advanced, was glossed over by the learned Single Judge and such infirmity warrants interference in appeal.

4. He argues that the allegation of having practised fraud levelled against Ram is absolutely unfounded. The criminal complaint was lodged in the year 2011 in which on 27.01.2011 he was enlarged on bail and thereafter he had no information as regards pendency of the case. He received summons on 28.05.2014 after he filled up the attestation form on 24.5.2014. Such non-furnishing of information for no