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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
TASHI RABSTAN, CJ, M.A. CHOWDHARY
Union Territory Of J&k Through Secretary To Government – Appellant
Versus
Arsam Imtyaz Malik S/o Late Imtyaz Hussain – Respondent
| Table of Content |
|---|
| 1. respondent appointed under sro 43 (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. verification of character and antecedents (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. pending trial does not reflect guilt (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 4. action of petitioners is unjust (Para 24 , 25 , 26) |
JUDGMENT
1. The petitioners, through the medium of this petition moved under Article 226 of the Constitution of India , seek quashment of the judgment/order dated 20.06.2024 ("impugned order‟) passed by the Central Administrative Tribunal, Jammu Bench ("the Tribunal‟) in Original Application ("OA‟) No. 61/82/2024 titled “Arsam Imtyaz Malik Vs. UT of J&K & Ors” whereby the learned Tribunal has allowed OA and set aside the order impugned therein dated 03.01.2024 whereby the petitioner No. 2 had withdrawn the appointment order issued in favour of the respondent under SRO 43, pursuant to his appointment order dated 05.12.2023 and joining order dated 06.12.2023 in PWD (R&B) Division Bhaderwah. The petitioners, however, have been authorized to proceed further on conclusion of the trial against the respondent.
3. The facts, as summarized before the learned Tribunal, are that the respond
Pending criminal charges do not automatically disqualify an individual from government service; fair hearing and natural justice must be observed before termination.
An employee who suppresses material information or gives false information cannot claim a right to continue in service.
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....
Withdrawal of candidature without opportunity to defend violates principles of natural justice and requires reconsideration after acquittal.
Probationary employees may be terminated for violating appointment terms, including misrepresenting criminal history, without requiring formal procedural safeguards.
Suppression of criminal case information does not automatically disqualify compassionate appointment; objective evaluation required.
Trivial offenses post-acquittal do not automatically render a candidate unfit for employment, allowing discretion in public employment decisions.
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