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MANINDRA MOHAN SHRIVASTAVA, VINOD KUMAR BHARWANI
Dinesh Choudhary – Appellant
Versus
Union of India – Respondent
ORDER
1. Heard.
2. This petition under Article 227 of the Constitution of India has been preferred against the order dated 27.09.2019 passed by the Central Administrative Tribunal, Jaipur Bench, Jaipur (hereinafter referred to as 'the Tribunal'), whereby, petitioner's original application challenging order of cancellation of appointment has been dismissed.
3. The petitioner was provided employment as Gateman under the Scheme of employment due to premature retirement of his father, who was in employment of the respondent authority.
4. At the time of appointment, the petitioner was made to give certain declarations and file an affidavit particularly with regard to verification of his character and the petitioner gave a solemn declaration regarding there being no criminal case against him. However, after some time, the employer received information that against the petitioner as many as three criminal cases were pending and all these facts were suppressed by him. This eventually led to cancellation of his appointment.
5. Aggrieved by the said order, an original application was filed before the Tribunal. The employer sought to justify the action mainly on the ground that the fact regarding
False declarations regarding criminal cases during employment applications justify termination, regardless of subsequent acquittals.
Appointment obtained by suppressing material fact and filing false declaration – Choice/option whether to continue or not to continue such an employee always must be given to employer. Such an employ....
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.
Trivial offenses post-acquittal do not automatically render a candidate unfit for employment, allowing discretion in public employment decisions.
The court held that the non-disclosure of a past criminal case requires careful evaluation of circumstances, and automatic cancellation of appointment is arbitrary.
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 ....
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