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2014 Supreme(Del) 1488

High Court of Delhi
P.K. BHASIN & J.R. MIDHA, JJ.
Nidhi Kaushik
Versus
Union of India & Others
LPA No. 736 of 2013 & CM No. 15769 of 2013
Decided On : 26-05-2014

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 the issuance of final offer of appointment.

2.3 On 24th September, 2012, the appellant submitted the attestation form in which, in reply to “Para 12(i)‘, she disclosed that an application was pending under Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to in short as “DV Act”). The appellant attached the copy of the notice with the attestation form. Relevant portion of the attestation form is reproduced hereunder:

“12. (a) Have you ever been arrested? No

(b) Have you ever been prosecuted? No

(c) Have you ever been kept under detention? No

(d) Have you ever been bound down? No

(e) Have you ever been fined by a Court of Law? No

(f) Have you ever been convicted by a Court of Law for any offence? No

(g) Have you ever been debarred from any nomination or rusticated by any University or any other educational authority institution? No

(h) Have you ever been debarred/disqualified by any Public Service Commission Staff Selection Commission for any of its examination selection? No

(i) Is any case pending against you in any Court of law at the time of filling up this Attestation Form? Yes

(ii) If the answer to any of the above mentioned questions is Yes, give full particulars of the case / arrest/detention / fine/ conviction/sentence/punishment etc. and/or the nature of the case pending in the Court/University/Educational Authority etc. at the time of filling up this form.

Complaint pending under Domestic Violence Act (Brother and Sister in Law Matrimonial Dispute) I here also attach a copy of Court Notice”

2.4 On 26th September, 2012, the appellant reported for joining but was not allowed to join and was told to furnish the copy of the application under DV Act mentioned in her attestation form. On 28th September, 2012, the appellant visited the office of the respondents to submit the copy of the said application but the same was not taken and she was told that these documents are not needed anymore. The appellant sent an e-mail to the Manager (HR) on 28th September, 2012 to place this fact on record. The copy of the same has been filed along with the writ petition.

2.5 Vide letter dated 9th October, 2012, BHEL cancelled the provisional letter of appointment to the appellant on the ground that she had suppressed the material fact of the pendency of case under DV Act in the bio-data form dated 18th June, 2012. The letter dated 9th October, 2012 is reproduced hereunder:

“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 Provision Offer of Appointment dated 3rd Sept., 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




















































































































































































































































































































































































































































































































































































































































































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