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2014 Supreme(Del) 1488

P.K.BHASIN, J.R.MIDHA
Nidhi Kaushik – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Appellant:Jyoti Singh, Sr. Advocate, Sachin Chauhan, Saahila Lamba, Sameer Sharma, Advocates.
For the Respondents:R1, Archana Gaur, R2, J.C. Seth, Amitesh Gaurav, Advocates.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  1. The proceedings under Section 12 of the Domestic Violence (DV) Act are primarily civil in nature and are intended to provide civil remedies for victims of domestic violence. They are not criminal proceedings, and the Court's jurisdiction is civil, with the Court empowered to formulate its own procedures (!) (!) .

  2. Domestic violence, as defined in the DV Act, is not per se an offence and does not carry criminal penalties unless there is a breach of a protection order issued under the Act. The breach of such protection orders is punishable as a criminal offence, but the act of domestic violence itself remains civil in nature (!) (!) (!) .

  3. The proceedings under Sections 12 and 18 to 23 of the DV Act are civil in nature, and the reliefs granted therein can be sought in civil, family, or criminal courts, but the initial proceedings are not criminal trials. The Act explicitly states that it is in addition to other laws and does not replace criminal law unless a breach occurs (!) (!) (!) .

  4. The process under the DV Act is designed to protect the rights of women and to prevent domestic violence, not to serve as a criminal trial against the respondent. The Act provides civil remedies such as protection orders, residence orders, monetary relief, custody orders, and compensation, which are civil in nature and are enforceable in civil or family courts (!) (!) (!) .

  5. The proceedings under Section 12 do not involve the Court taking cognizance of an offence under the Indian Penal Code (IPC). The Court's role is to provide civil relief, and any criminal proceedings for breach of protection orders are separate and initiated under criminal law (!) (!) (!) .

  6. The involvement of a person in proceedings under the DV Act, including allegations of serious offences such as attempt to murder, does not automatically constitute involvement in a criminal case. Such proceedings are civil, and the mere pendency of a case under the DV Act does not imply criminal culpability or misconduct affecting employment eligibility (!) (!) (!) .

  7. Concealment of material facts, such as involvement in a criminal case, at the time of employment application, can lead to cancellation of appointment if such concealment is deemed material and relevant. However, information about proceedings under the DV Act, which are civil, does not necessarily constitute a material concealment unless it involves criminal offences or conduct that affects the candidate's suitability (!) (!) (!) .

  8. The law emphasizes that the order of cancellation or rejection must be based on reasons stated explicitly in the order itself. Orders cannot be supplemented or justified by subsequent affidavits or explanations, and failure to record proper reasons can be grounds for invalidation (!) (!) (!) .

  9. Administrative decisions must follow a fair process, including proper application of law, objective reasoning, and non-misleading statements. Orders based on surmise or conjecture, or that misrepresent facts, are susceptible to judicial review and can be set aside for illegality, irrationality, or procedural impropriety (!) (!) (!) .

  10. The respondents' failure to follow well-established legal principles, including the correct interpretation of the nature of proceedings under the DV Act, can undermine administrative decisions, lead to contempt of court, and warrant inquiry or disciplinary action against responsible officers (!) (!) .

  11. The conduct of authorities in misrepresenting facts, making false statements under oath, or disregarding binding legal principles, especially regarding the civil nature of proceedings under the DV Act, is considered serious misconduct and can be subject to legal consequences, including contempt proceedings (!) (!) .

  12. The process of appointment and cancellation must be transparent, based on sound legal reasoning, and not influenced by misconceptions or misapplications of law. Orders must be supported by reasons, and failure to do so can lead to their being invalidated (!) (!) .

  13. The law mandates that authorities must adhere to the principles of natural justice, including the obligation to disclose relevant facts, avoid misleading statements, and provide fair opportunities for the affected parties to present their case (!) (!) .

  14. The consequences of not following well-settled legal principles include confusion in administration, undermining of judicial authority, potential contempt of court, and the need for disciplinary or legal action against officers responsible for such lapses (!) (!) .

  15. Overall, the document underscores the importance of proper legal interpretation, fair procedural conduct, and accountability of authorities in administrative and employment decisions, especially when such decisions are challenged in courts.


Judgment

J.R. Midha, J.

1. The appellant has challenged the judgment dated 4th September, 2013 whereby the learned Single Judge dismissed her writ petition. The appellant is seeking appointment to the post of Supervisor Trainee (HR) in Bharat Heavy Electronics Ltd. (“BHEL”) by setting aside of the order of cancellation of the offer of her appointment. Respondent nos.2 to 4 are the contesting respondents and are hereinafter referred to as “the respondents”instead of respondents no.2 to 4.

2. Factual matrix

2.1 The appellant, BBA from I.P. University and Chartered Financial Analyst in ICFAI University, applied for the post of Supervisor Trainee (HR) in BHEL and was selected on the basis of performance in the written examination followed by the interview. At the time of interview dated 18th June, 2012, the appellant‘s submitted the bio-data form. Para 12 of the said form is relevant and reproduced hereunder:

“12. Whether involved in any Criminal case / Law suit at any time?

If yes, please give current status …………………………………”

2.2 On 3rd September, 2012, BHEL issued the provisional offer of appointment to the appellant. The appellant was required to submit the attestation form before t




































































































































































































































































































































































































































































































































































































































































































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