Back
V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Manoj Paul – Appellant
Versus
Delhi Metro Rail Corporation – Respondent
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)
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
