Pradeep Nandrajog, J. -- Pendency of a criminal proceeding or for that matter a conviction by a competent court of law may justify eyebrows being raised but do they justify the shutting of ones eyes? Is the question which we need to decide in the instant writ petition.

2. Would the pendency of a criminal proceeding or a conviction or for that matter a criminal proceeding which has already terminated either in conviction or an acquittal be a justified ground to dismiss a Government servant from service or deny entry into Government service is a facet of the question which we need to answer. It may be highlighted that in the instant case the respondent, when aged 19 years, was accused of committing offences punishable under Section 323/504/506 IPC and was acquitted. This is the solitary brush he had with penal law and that too at the young and immature age of 19 years.

3. In response to an advertisement inviting applications to fill up the post of Sub-Inspector (Executive), the respondent submitted his application on 10.11.2007 and was called to participate in the selection process. He was meritorious and found his name in the select list. The respondent was intimated of his provisional selection with a rider that the same was subject to his being declared medically fit and his character and antecedents verified, for which the respondent was required to fill up and submit an attestation form which incorporated a warning:-

"The furnishing of false information of suppression of any factual information in the attestation form would be disqualification and is likely to render candidate unfit for employment under the Government. If detained, convicted, debarred etc. subsequently on completion and submission of this form the detail as should be communicated immediately to the Deputy Commissioner of Police/4th Bn., DAP, New police lines, Kingsway Camp, Delhi-110009, failing which it will be deemed to be suppression of factual information. If the fact that false information has been furnished of that this has been furnished of that this has been suppression of any factual information in the attestation form comes to notice at any time during the service of a person, his service should be liable to be terminated."

4. The complete attestation form being not relevant, we extract below only the relevant columns of the attestation form and the information provided thereto, which sets the factual backdrop for the litigation between the petitioners and the respondent. Vide serial No.13(a), (b) and (c), information sought and response given was as under:-

13. (a) Have you been arrested/prosecuted kept under detention of bound down/fined, convicted by a court or law for any offence or debarred/disqualified by any public service commission from appearing at its examination selection or debarred from any other educational authority/institution?

No

(b) hether any FIR was ever registered against you in any Police Station? If yes, give complete details.

No

(c) If any case pending against you in any court of law university or any other education authority/institution at the time of filling up this attestation form. (If the answer to (a) and (b) is yes, full particulars of the case arrest, detention, fine, conviction sentence etc. in the nature of the case pending in the country, university/education authority etc., at the time of filling up this form should be given.

No.

5. Notwithstanding the respondent giving information in the negative, on 8.7.2008, the respondent himself informed petitioners that on a private complaint filed by a complainant before a learned Magistrate pertaining to the offence punishable under Section 323/504/506 IPC, he was acquitted on 9.6.2008. Taking on record said information and contrasting it with the information provided by the respondent against column No.13 in the attestation form and charging him with acting deceitfully and with mala-fide intention in not furnishing the relevant information, a show cause notic