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2016 Supreme(Raj) 526
IN THE HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
Ajay Rastogi, J.K. Ranka, JJ.
Varun Kumar Karwasra. - Petitioner
Versus
The Union of India & others - Respondents
Civil Writ Petition No.710 of 2015
Decided On : 03-03-2016
Advocate Appeared:
For the Petitioner: Mukesh Agarwal
For the Respondents: P.C. Sharma, Anupam Agarwal
Headnote:
Indian Penal Code Section 341, 323 & 324 – Respondents holding recruitment – Facts of the case which are relevant for the present purpose are that a Notification was issued by the respondents holding recruitment for the post of Senior Section Engineer in the Grade Pay different branches – Petitioner being eligible submitted his application and was declared successful in the Signal category and after found suitable was appointed vide order – Subject to verification of medical and antecedents and directed to fill the Attestation Form and other relevant documents –Held, It was informed that a criminal case is pending against him in which is factually incorrect and the criminal case was decided on the very date of filing on the basis of compromise arrived at by the parties vide order has just gone ahead on the basis of judgment of the Apex Court and arrived to the conclusion that since the appointment was obtained by misrepresentation and that definitely amounts to suppression of material information, has no application and upheld the order of termination passed by the authorities which in our considered view is not legally sustainable in law –Writ petition succeeds and is hereby allowed.
Ajay Rastogi, J.
Instant petition is directed against order of the ld.Central Administrative Tribunal dated 17.03.2015.
2. The brief facts of the case which are relevant for the present purpose are that a Notification was issued by the respondents holding recruitment for the post of Senior Section Engineer in the Grade Pay of Rs.4,600/- in different branches. The petitioner being eligible submitted his application and was declared successful in the Signal category and after found suitable was appointed vide order dated 14.06.2013, subject to verification of medical and antecedents and directed to fill the Attestation Form and other relevant documents.
3. In the Attestation Form, the candidate is required to furnish, apart from desired information, his/her antecedents. The relevant conditions of Attestation Form para-12, extract of which being relevant for the present purpose is reproduced ad infra:-
| "12.(a) | Have you ever been arrested? | Yes/No | No |
| (b) | Have you ever been prosecuted? | Yes/No | No |
| (c) | Have you ever been kept under detention? | Yes/No | No |
| (d) | Have you ever been bound down? | Yes/No | No |
| (e) | Have you ever been fined by a court of law? | Yes/No | No |
| (f) | Have you ever been convicted by a court of law? | Yes/No | No |
| (g) | Have you ever been debarred from any examination or rusticated by any University or any other Educational Authority/Institution? | Yes/No | No |
| (h) | Have you ever been debarred/disqualified by any Railway or Public Service Commission for any of its Examination/Selections? | Yes/No | No |
| (i) | Is any case pending against you in any court of law at the time of filling up this Attestation Form? | Yes/No | No |
| (j) | Is any case pending against you in any University or any other Educational Authority/Institution at the time of filling up this Attestation Form? | Yes/No | No |
| (k) | If the answer to any of the above-mentioned question is 'Yes' give full particulars of the case/arrest/detention/find/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 | Yes/No | N.A. |
I certify that the forgoing information is correct and complete to the best of my knowledge and belief. I am not aware to any circumstance which might impair my fitness for employment under Government.
Signature of Candidate
Date – 03.07.2013
Place – Vill: Dhandharia
It is Attested that I am Shri Varun Kumar Karwasra S/O Shri Lalchand Karwasra for the last 08 years 06 months and that to the best of my knowledge and belief the particulars furnished by him/her are correct.
Place: Dhandharia
Date:29/06/2013
and address"
Signature__________
Designation or status
4. In the Attestation Form, of which we have made a reference, in para-12(b), in particular, it is asked that have you ever been prosecuted and the answer given by the petitioner is NO, but the fact revealed while the report being received from the Office of concerned Police Station indicating that on account of some alleged family dispute, FIR at one stage came to be registered against him in the year 2003 for offence u/Sec.341, 323 & 324/34 IPC and the challan was filed against three persons including the present petitioner and after taking cognizance, a case was registered against him No.456/2003 and on the very day on which challan was filed, i.e. 14.08.2003, since all the offences are bailable offences, the parties simultaneously submitted their written compromise and taking note thereof, the ld. Magistrate passed order of acquittal, as is evident from order dated 14.08.2003 and the matter was consigned to record.
5. It may be relevant to observe that the offences u/Sec.341, 323 & 324 IPC are bailable offences at the time of incident. However, Section 324 IPC became non-bailable by substitutio
