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IN THE HIGH COURT OF DELHI AT NEW DELHI
V. Kameswar Rao, Anoop Kumar Mendiratta, JJ.
Manoj Paul – Appellant
Versus
Delhi Metro Rail Corporation & Anr. – Respondents
W.P.(C) 10022 of 2022, CM APPLs. 29201 of 2022 & 29203 of 2022
Decided On : 28-03-2023
Suppression of Information - Employment - [IPC, IT Act, 2000] - The court discussed the suppression of material information regarding criminal involvements by the petitioner at the time of filling up the online application form and the Attestation Form. The court referred to various judgments including Avtar Singh vs. UOI and Satish Chandra Yadav vs. Union of India & Ors. to establish the legal principles regarding the consideration of antecedents and suppression of information in employment cases.
Fact of the Case:
The petitioner challenged the withdrawal and cancellation of his offer of appointment to the post of Junior Engineer/Environment due to suppression of material information regarding criminal involvements at the time of filling up the online application form and the Attestation Form. The petitioner claimed that the suppression was inadvertent and that he had been acquitted in several cases. The respondent contended that the petitioner's criminal involvements were of a grave nature and that he had suppressed material information.
Finding of the Court:
The court found that the petitioner had suppressed his involvements in various criminal cases at the time of filling up the online application form and the Attestation Form. The court also noted that the petitioner failed to disclose the fact of conviction and acquittal at the inception stage of filling up the online application form. The court concluded that the respondent's decision to withdraw and cancel the offer of appointment was fair and reasonable, considering the petitioner's criminal involvements and the suppression of information.
Issues: The issues involved in the case were the petitioner's suppression of material information regarding criminal involvements, the respondent's decision to withdraw and cancel the offer of appointment, and the legal principles governing the consideration of antecedents and suppression of information in employment cases.
Ratio Decidendi: The court held that the suppression of material information and making a false declaration in the verification form relating to arrest, prosecution, and conviction has a clear bearing on the character, conduct, and antecedents of the employee. The court also emphasized that the employer has the right to consider the antecedents of the candidate and cannot be compelled to employ a candidate, considering the number and nature of involvements in criminal cases and on account of suppression or non-disclosure of involvements in the Application/Attestation Form.
Final Decision: The court dismissed the petitioner's challenge to the withdrawal and cancellation of the offer of appointment, finding that the respondent's decision was fair and reasonable. The court also noted that the petitioner's suppression of material information regarding criminal involvements was not bona fide and that the respondent had considered the petitioner's criminal involvements in a fair and reasonable manner.
JUDGMENT
Anoop Kumar Mendiratta, J. By way of present writ petition, petitioner assails order dated April 21, 2022 passed by Central Administrative Tribunal (in short `Tribunal') in O.A. No.2517/2021. Petitioner vide aforesaid O.A. challenged the order dated October 20, 2021 passed by respondent No.1 (DMRC) in compliance of order dated September 10, 2021 passed by the Tribunal in O.A. No.1977/2021, thereby withdrawing and cancelling the offer of appointment of the petitioner to the post of Junior Engineer/Environment on account of suppression of furnishing of material information regarding criminal involvements.
2. Facts culminating in filing of the present writ petition may be briefly noticed:
i. Based upon performance in the Computer Based Test dated February 17, 2020, petitioner was empanelled provisionally to participate in the next stage of document verification and pre-appointment medical examination for the post of Junior Engineer/Environment and was called for joining on July 20, 2021 on being found medically fit.
ii. Thereafter, at the time of checking of documents, it was noticed that petitioner in the attestation form had responded to questions in Column Nos.12(i)(a)(b)(c)(d)(e)(f)(i) and 12(i) as under:
| 12(i) | (a) | Have you ever been arrested? | Yes /No |
| (b) | Have you ever been prosecuted? | Yes /No | |
| (c) | Have you ever been kept under detention? | Yes /No | |
| (d) | Have you ever been bound down? | Yes/No | |
| (e) | Have you ever been fined by a Court of Law? | Yes/No | |
| (f) | Have you ever been convicted by a Court of Law for any notice? | Yes/No | |
| (i) | Is any case pending against you in any court of Law or any FIR against you at the time of filling up this Attestation Form? | Yes /No, | |
| 12 | (i) | If, the answer to any of the above mentioned questions is Yes give full particulars of the case/arrested/detention/fine/conviction/sent-ence/punishment etc. and/or the nature of the case pending of the court/university/Educational Authority etc. at the time of filling up this form. | (No space to fill details.) |
The Attestation Form also contained a warning that Furnishing of false information or suppression of any factual information in the Attestation Form would be a disqualification and is likely to render the candidate unfit for employment under the Government. Further, if it comes to the notice at any time during service of a person that false information has been furnished or there has been suppression of any factual information in the attestation form, the services would be liable to be terminated.
iii. Thereafter, on a query from the Department, petitioner informed that four FIRs were filed against him, in which he was acquitted in January, 2019 and five FIRs were pending against him in the Court of Chief Judicial Magistrate, Port Blair and also submitted copies of said FIRs.
iv. It may also be noticed that the petitioner while submitting the online application form on December 14, 2019 for the post of Junior Engineer/Environment incorrectly responded `no', with reference to the question, `have you ever been arrested/prosecuted/kept under detention or convicted, fined by a court of law or barred from any examination or rusticated by any University'.
v. Since, the order of appointment of the petitioner was kept in abeyance, he initially preferred a Writ Petition before the High Court of Delhi, which was dismissed as withdrawn granting liberty to the petitioner to approach the Tribunal. Thereupon an O.A. No.1977/2021 was preferred by the petitioner before the Tribunal for issuance of appointment letter by respondent No. 1, which was disposed of vide order dated September 10, 2021 with the following directions:
"6. In the aforesaid facts and circumstances, with the consent of the parties, the present OA is disposed of with liberty to the applicant to supply all the relevant information, copies of the FIRs against him, the decisions of the competent court on those FIRs, if any, as expeditiously as possible and preferably within ten days from today. On receipt of such information/documents
AI
The suppression of material information and making a false declaration in the verification form relating to arrest, prosecution, and conviction has a clear bearing on the character, conduct, and ante....
The main legal point established in the judgment is the significance of full disclosure of criminal cases in the Attestation Form and the employer's discretion in considering antecedents for employme....
Suppression of material information in employment applications justifies dismissal from service due to grave misconduct.
Suppressing minor criminal information does not automatically disqualify candidates for government service; context and fairness must guide the decision-making process.
Non-disclosure of minor criminal involvement does not automatically disqualify a candidate; suitability must be assessed holistically by the appointing authority.
Suppression of material information in employment forms can justify cancellation of candidature, and subsequent acquittal may not warrant consideration for selection/appointment, especially in cases ....
An employee who suppresses material information or gives false information cannot claim a right to continue in service.
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