Back
ARUN BHANSALI
Prashant Maratha – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Arun Bhansali, J. - This petition has been filed questioning the order passed by the respondents denying the appointment to the petitioner on the post of Assistant Professor in subject Extension Education on the ground that petitioner suppressed pendency of criminal trial against him in pursuance of the FIR No. 147/2020 under Sections 406 & 498A IPC.
2. It is inter alia indicated in the petition that pursuant to the advertisement dated 13/4/2022 issued by the respondent University for the post of Assistant Professor, the petitioner applied for the said post in the subject Extension Education. In the application form filled by the petitioner (Annex. 2), in the column, whereby, the petitioner was asked 'Is there any court case/police case pending against you? If so, give details.', the petitioner marked "No".
3. After undergoing the recruitment procedure as prescribed in the advertisement, by order dated 18/5/2022, on the recommendation of the Statutory Selection Committee meeting and interview, the petitioner was accorded appointment as Assistant Professor, Extension Education. In the order, it was inter alia indicated that the appointment is subject to antecedents verificatio
Deliberate suppression of material information in the application form and appointment order warrants disqualification and dismissal from service.
Suppression of material facts regarding pending criminal cases has a clear bearing on the character, conduct, and antecedents of the employee, and can lead to termination of services.
Suppression of pending criminal charge-sheet in interview declaration justifies cancellation of offer, uncured by later disclosure; non-trivial conviction (wrongful restraint, hurt) upheld, employer ....
Withdrawal of candidature without opportunity to defend violates principles of natural justice and requires reconsideration after acquittal.
The concealment of a pending criminal case during the employment application process can justify termination of services, as integrity and character are critical for positions within the judicial sys....
The deliberate furnishing of false information about the non-pendency of a criminal case can warrant the cancellation of candidature or termination of service, as per the guidelines laid down in rele....
The court established that termination based on non-disclosure of a past criminal case requires careful consideration of the nature of the allegations and the candidate's overall suitability.
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
