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2013 Supreme(Del) 1121

VALMIKI J.MEHTA
MS. NIDHI KAUSHIK – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
Ms. Archana Gaur, Advocate for respondent No.1. Mr. J.C. Seth, Advocate for respondent Nos.2 to 4.
Mr. Sachin Chauhan, Advocate.

JUDGMENT

VALMIKI J. MEHTA, J (ORAL)

1. By this writ petition, the petitioner seeks relief of setting aside of the order dated 9.10.2012 passed by the respondent No.2/BHEL. By the impugned order, the offer of appointment given to the petitioner for the post of Supervisor Trainee (HR) was recalled on the ground that the petitioner had concealed material facts at the time of seeking employment. This letter dated 9.10.2012 reads as under:-

“Ref. No.PA:HRM:101-05 Dated: 09.10.2012

Ms. Nidhi Kaushik

C-2/38A

Yamuna Vihar,

Delhi, Pin-110053

Sub: Provisional Offer of Appointment-Cancellation

This has reference to Provisional Offer of Appointment dated 3rd September, 2012, for the post of Supervisor Trainee (HR).

You submitted the attestation form on 24th Sept., 2012, in which you have indicated that there is case pending against you under Domestic Violence Act. It is noticed that you had suppressed this material fact in the Bio-data form, which you filled on 18th June, 2012 at the time of interview.

In this connection your attention is invited to the clause published on the Web site for recruitment which provides:

“ In case it is detected at any stage of recruitment process that the candidate ha









































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